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
April 20,2020

Bengaluru, Apr 20: Karnataka Chief Minister BS Yediyurappa on Monday held a meeting with State Home Minister Basavaraj Bommai and police officers over the Padarayanapura incident that occurred on Sunday.

A ruckus erupted in Padarayanapura on Sunday allegedly over shifting of suspected COVID-19 persons to quarantine facility by the Bruhat Bengaluru Mahanagara Palike (BBMP) officials.

"I met the Chief Minsiter and briefed him. CM has told us to act strictly. I have told the same to my officials. We won't tolerate such acts by anyone. We have arrested 59 people and five FIRs have been registered. I'm going to Padarayanapura now. Will make sure others are quarantined," said Bommai earlier today after meeting the Chief Minister.

Meanwhile, reacting on the incident, former Karnataka Chief Minister and Janata Dal-Secular leader HD Kumaraswamy said that the people responsible must be dealt with proper action.

"These kinds of incidents are not acceptable, its an act of shame. Doesn't matter which community one belongs to, each and every one must follow the guidelines and law. Whoever is indulged in such act must be punished," he said.
In a series of tweet Kumaraswamy said that it was not at all needed to attack the police check post and this act is unacceptable.

The incident occurred in the late evening on Sunday at Padarayanapura which is recognized as a 'Red Zone' when BBMP officials went to bring 15 secondary contacts of corona positive patients.

However, some people and youth created ruckus and broke the barricades and removed police post which was stalled in the area.
Soon after receiving the information, Bengaluru South Deputy Commissioner of Police reached the spot and brought the situation under control.
"Lockdown continues, please remain indoors.

Tomorrow will be as it was till today. We Understand your situation and appreciate your cooperation," tweeted Commissioner of Police, Bengaluru City, Bhaskar Rao.

In Karnataka, 390 people have been diagnosed with Covid-19, of which 16 people have succumbed to the infection, as per the Union Health Ministry.

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News Network
April 19,2020

Mangaluru, Apr 19: District-in-charge Minister Kota Srinivas Poojary said that Rs 2000 each has been deposited in the bank accounts of 6,122 construction workers, who are registered with the labour department in the Dakshina Kannada district. The amount will be deposited in the accounts of other registered construction workers at the earliest.

The state government had announced Rs 2000 to construction labourers who are registered and have lost their livelihood due to the on-going nationwide lockdown to curb the spread of the coronavirus. The curbs, which were imposed on March 24, have been extended till May 3. "The labourers were reeling under hardship after construction activities came to a halt," said the Minister.

Supply food

Local bodies should make arrangements to supply food for stranded labourers, destitutes and beggars in all the ULBs in Dakshina Kannada district, Poojary said. 

"No one should starve during the lockdown period. All the ULBs should identify destitutes, migrant labourers in their jurisdiction and arrange food for them. In case of necessity, the help of NGOs can also be taken," he added
The minister announced that Asha workers and health workers would collect information on people's health by visiting the houses in the district and submit a report within 10 days.

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coastaldigest.com news network
May 4,2020

Mangaluru, May 4: No major crowds were seen in the coastal city of Mangaluru today except in front of the liquor shops after the district administration relaxed the lockdown norms for 12 hours a day (between 7am and 7pm).

There was no mad rush of vehicles either on city roads when the relaxed lockdown began. There were fewer people to buy essentials in front of grocery and vegetable shops as they had time till late evening.

There was no let down in the number of police pickets as well as curbs on vehicular movement across the city either. 

The government has allowed sale of liquor in CL2 (standalone wine shops) and CL 11 (MSIL outlets) to mop up revenues when Lockdown-3 commenced from Monday. Compared the other parts of Karnataka, the size of queues in front of liquor shops in Mangaluru were smaller. 

Like other parts of the country, the lockdown was imposed in the coastal district on March 24 to prevent the spread of Covid-19. Prior to that, a curfew was imposed in the district from March 22 midnight. The lockdown did not apply to essential services such as sale of food, groceries, milk, vegetables, fruits, and meat and fish. Gradually the district administration had to intensify the lockdown and allow those shops to remain open only between 7 a.m. and 12 noon. 

With the lockdown relaxation extending till 7 p.m., Mangaluru today witnessed people and private vehicles moving freely in the afternoon for the first time in more than a month. However, only those who had to go for work and do other essential activities were seen on roads. After 7 p.m. movements of all kinds of vehicles will be prohibited. 

The relaxation was to facilitate economic activities that had come to a standstill during the first two phases of lockdown. Mangaluru City Police Commissioner Dr P S Harsha, meanwhile, warned the people against misusing lockdown relaxation and venturing out without any genuine reason.

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