10 years after Mangaluru Air crash, SC awards Rs 7.64 cr comp to kin of one of the victims

News Network
May 21, 2020

Mangaluru, May 21: The Supreme Court has awarded Rs 7.64 crore compensation to the next of kin of a man who was killed in a crash-landing of Air India Express Flight 812 from Dubai in Mangalore on May 22, 2010. The accident killed 158 out of 166 passengers on board.

The family of the 45-year-old Mahendra Kodkany, which include his wife, daughter and son, were earlier granted Rs 7.35 crore as compensation by National Consumer Disputes Redressal Commission (NCDRC). This compensation will now get enhanced after adding 9 per cent interest per annum (on the amount yet to be paid), to be paid by Air India.

Kodkany was the regional director for the Middle East for a UAE-based company. The aircraft overshot the runway and went down a hillside and burst into flames.

A bench comprising Justices D.Y. Chandrachud and Ajay Rastogi said: "The total amount payable on account of the aforesaid heads works out to Rs 7,64,29,437. Interest at the rate of nine per cent per annum shall be paid on the same basis as has been awarded by the NCDRC. The balance, if any, that remains due and payable to the complainants, after giving due credit for the amount which has already been paid, shall be paid within a period of two months."

The apex court noted that in a claim for compensation arising out of the death of an employee, the income has to be assessed on the basis of the entitlement of the employee. The top court said: "We are unable to accept the reasons which weighed with the NCDRC in making a deduction of AED (UAE currency) 30,000 from the total CTC. Similarly, and for the same reason, we are unable to accept the submission of Air India that the transport allowance should be excluded. The bifurcation of the salary into diverse heads may be made by the employer for a variety of reasons."

The top court observed that the deceased was evidently, a confirmed employee of his employer. "We have come to the conclusion that thirty per cent should be allowed on account of future prospects", added the court.

The top court noted that if the amount which has been paid by Air India is in excess of the payable under the present judgement, "we direct under Article 142 of the Constitution (discretionary powers) that the excess shall not be recoverable from the claimants," said the court.

Comments

A.Rahman
 - 
Friday, 22 May 2020

First of all  A Salute To Lawyer One Who Handled This Case Against Carriers Mismanagement Wrong Action.

 

Sure this is the second victory for the lawyer against arriers mismanagement.

 

Over all it is the sign  of a profesional ; qualified  eligble  lawyers efforts and right decision from a capable knowlegable judge. Suit case operating lawyers cannot handle such specilized cases.

They lawyer may handled rest of the vicitms cases or he not. But for his siincere efforts for the past ten years delcares whatn he  is. Am personally met him and  witnessed his court appearance  hope and wish him all the best and success .

 

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News Network
July 2,2020

A 7-year-old Dalit girl who had gone missing from outside her residence in Tamil Nadu’s Pudukkottai district on June 30 was found dead last evening. 

Police sources said that the body with severe injures was found in a forest area bordering her village. The young girl had been sexually assaulted before the murder, according to police.

Victim’s neighbour, Raja, 25, who belongs to the Pandaram caste, has been arrested in connection with the incident.

While they have included murder charges in the First Information Report (FIR) against him, they are awaiting the post-mortem report to add sections of the Protection of Children against Sexual Offence Act (POCSO act) in the FIR.

"The girl was playing outside her home at 4pm. Her parents then found her missing and her father filed a complaint at the station at around 7pm. Efforts were then underway to find the girl," said an investigating official.

They found the minor's body in the forest area near her village on the evening of July 1. Her clothes were in a state of disarray and her face was severely injured.

"She has been beaten with sticks on the face and injuries are clearly visible. The post-mortem will reveal the actual cause of death," says an official from the district.

Police sources further add that the neighbour had found the minor roaming around the area on Wednesday and allegedly took advantage of the fact that she was alone.

"During inquiry he admitted that he had sexually assaulted and murdered the girl," says a police official from the district. "Further investigation is underway and we will have more clarity once we get the post mortem report," he adds.

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News Network
May 4,2020

Bengaluru, May 4: First year Pre-University results of Karnataka Department of Pre-University Education will be released soon.

According to a report, the first year PU result will be released on the registered mobile numbers of students or parents on May 5. The report also asked the colleges which offers PU course that the PU results should not be released on the notice boards.

This measure has been taken keeping in view to avoid gatherings in and around the institutions to prevent the spread of coronavirus.

The Deccan Herald report also said the students who are not able to clear the exams after the PU results are declared will be given a chance to appear for supplementary examinations in college level and further details on this will be shared with the institutes by the department in due course.

"After the declaration of results, colleges can conduct online classes for students who are eligible to attend second year PU classes," the report added.

The state is yet to complete the SSLC (class 10) and PU second year (higher secondary or class 12) examinations as the spread of coronavirus and subsequent lockdown announced by the government has put the whole academic activities out of gear in the state.

Recently, the education minister has said the SSLC examinations in the state will be conducted as it is a "crucial stage in a student's life".

"We will consider it (SSLC examinations) when the situation becomes normal," The New Indian Express quoted the minister as saying.

The Karnataka SSLC exam was scheduled to be held between March 27 and April 9, and over eight lakh students had registered for the exam.

Updates on the date and other decisions regarding PU second year exams are awaited.

Earlier, the school education department had decided to promote class 7 and 8 students without any exams in the wake of lockdown aimed at controlling the spread of COVID-19.

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News Network
April 29,2020

New Delhi, Apr 29: Karnataka is likely to withdraw the case filed against a CRPF commando who was arrested by state police officials for alleged assault on them during COVID-19 lockdown duty in Belgaum, a charge contested by the paramilitary Central Reserve Police Force.

In a bid to diffuse the ongoing tussle between CRPF and Karnataka police, the official communication sent to CRPF headquarters on Tuesday, with the details of bail granted to CRPF jawan Sunil Sachin Sawant, stated that the issue was discussed with the DGP Karnataka and other senior state authorities with a request to withdraw the case.

According to official communication, Karnataka Director General of Police has assured top CRPF officers that the "case registered against CRPF CoBRA commando is likely to be withdrawn by the state authorities".

The communication also states that "they assured that the criminal case registered against constable of 207 CoBRA BN is likely to be withdrawn by the state authority."

A CRPF CoBRA commando was thrashed and dragged to police station barefoot by police on April 23 for allegedly violating lockdown norms and assaulting/deterring public servant from discharging his duty in Belgavi district of Karnataka. A case was also registered against him.

This is not the first time when the state is showing efforts to solve the matter amicably.

Karnataka culture and tourism minister CT Ravi had also tweeted on April 27 claiming that he had a word with two ministers including state deputy chief minister who 'confirmed that the issue will be resolved amicably'

"Unfortunate that this incident happened with a CRPF Commando and the police. I have spoken with Industries Minister @JagadishShettar and Transport Minister @LaxmanSavadi. Both have confirmed that the issue will be resolved amicably," CT Ravi had tweeted.

CRPF Additional Director General (ADG) Sanjay Arora had also written to DG showing his displeasure over the ill-treatment done by Karnataka police with CRPF jawan and had said that "Keeping in view the gravity of the incident and its impact on the relationship between the two police forces, I am desired by the Director-General CRPF to request you to kindly get the matter inquired and provide justice. We would be thankful if you could inform us of the outcome."

Arora, in his letter, had also said that Karnataka police should have informed the force before registering a case.

The CRPF CbBRA commando was on extended leave and cleaning his motorcycle in front of his house in Examba city when he was allegedly manhandled and ill-treated in front of his family members and paraded to the police station barefoot, where he was kept in chains and handcuff.

The commando was granted bail by a court on Tuesday in the matter.

Sunil Sachin Sawant has been involved in various anti-Naxals operations and is a part of the CRPF elite CoBRA force, which is famous for doing anti-Naxals operations and has eliminated hundreds of Naxals in the past few years.

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