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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coastaldigest.com web desk
January 23,2020

Mangaluru, Jan 23: The Muslim Central Committee of Dakshina Kannada and Udupi and Humanity Forum of Mangaluru today handed over a cheque of Rs 10 lakh to the aggrieved family of Naushin, who was killed in arbitrary police firing on December 19 in the city.

A team of philanthropists led by Muslim Central Committee chairman K S Mohammad Masood visited Shaheed Nausheen’s house at Kudroli and handed over the cheque. Several philanthropists have contributed to this humanitarian aid.

Corporator Shamsuddin Kudroli, S M Rasheed Haji, Mansoor Ahmed Azad, Ibrahim Kodichal, Haneef Haji, Asif Deals and Ashraf Kinara were present among others.

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Media Release
July 22,2020

Mangaluru, Jul 22: City based APD Foundation has mooted the idea of giving state recognition and compensation for ‘Covid Saviors’, namely healthcare workers and civic officials who die in the line of duty in the war against Coronavirus pandemic. This suggestion was formally proposed by Abdullah A. Rehman, Founder & CEO, APD Foundation in a letter addressed to Shri Narendra Modi, Hon’ble Prime Minster of India and Shri B. S. Yediyurappa, Hon’ble Chief Minister of Karnataka on July 22, 2020.

In the letter Mr. Rehman asserts that COVID-19 pandemic has caused widespread devastation in the country and played havoc in the lives of the common man. In this scenario, the healthcare workers, such as doctors, nurses and paramedics along with civic officials have emerged as the saviors of the suffering humanity. They expose themselves to great personal risk while treating Covid patients. Many of them catch infection and a few of them have died. Such persons deserve to be recognized by the government for their supreme sacrifice.

Elaborating the rationale behind the proposal, the letter draws comparisons with practice of soldiers who die on the battlefield being glorified as ‘MARTYRS’. The slain soldiers are decorated posthumously with medals and titles of honour. Their families are provided with generous cash compensation so that the future of their widows, children and parents are safeguarded. They are provided with allotment of land, lucrative business opportunities like petrol pump / gas agency or reservation in government jobs for their spouse and children.

The letter suggests that healthcare workers and civic officials who succumb in the line of duty should also be similarly honoured. “Hence I propose that healthcare workers like doctors, nurses and paramedics who die while treating Covid patients should be recognized as ‘COVID SAVIORS’. Civic officials who are working for the cause should also be included in this scheme. Generous compensation should be paid to their families so that their future welfare is ensured as if they were alive,” Mr. Rehman has written.

The suggestion has been made in the wake of news reports that the Odhisha State Government has announced compensation of Rs. 50 lakhs and state honours for healthcare workers who die on Covid duty. Similarly the French government has announced a major increase in salary to its healthcare workers. In the same manner India too can provide optimum welfare to its health workers and set an example on the world stage.

“Though Covid pandemic is likely to be a temporary phenomenon, there is a need to recognize the service of those who are helping society to overcome this grave crisis. They inspire confidence in the hearts of the common people in the same manner as soldiers in uniform do. Hence I urge you to accept the suggestions made herein and announce the same at the earliest,” Mr. Rehman concludes in his letter.

Copies of the letter have also been sent to Shri Nalin Kumar Kateel, MP, Mangalore, Shri D. Vedavyas Kamath, MLA, Mangalore and Smt. Sindhu B. Rupesh, IAS, Deputy Commissioner, DK District for their information and follow up action.

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News Network
April 18,2020

Bengaluru, Apr 18: Virtually defending the Gowda family for conducting a marriage reportedly defying lockdown restrictions, Chief Minister B S Yediyurappa on Tuesday said it was performed in a simple manner and well within their limits, "for which they are to be congratulated."

"All the necessary permissions were given and the marriage was performed in a simple manner. There is no need to discuss about it. They had done it well within their limits for which I congratulate them," Yediyurappa said to a query from reporters during the post-COVID-19 briefing.

Scores of people had thronged a farmhouse on Friday to get a glimpse of the wedding of former Prime Minister and JD (S) supremo, H D Deve Gowda's grandson Nikhil Kumaraswamy, ignoring appeals not to visit the venue in view of the ongoing lockdown to check the COVID-19 outbreak. Nikhil, son of former Chief Minister H D Kumaraswamy, tied the nuptial knot with Revathi, the grand-niece of former Karnataka housing minister M Krishnappa.

The marriage was solemnised at Kumaraswamy's Kethaganahalli farmhouse at Bidadi in the neighbouring Ramanagara district, a JD(S) stronghold. Kumaraswamy had taken to Twitter after the marriage, thanking his party MLAs, leaders and workers for staying away from the event and blessing his son from their houses. In a series of tweets, he had said social distancing was maintained and all precautionary measures were taken throughout the event.

BJP had hit out at the JD(S) first family for flouting the norms, alleging that at least 150 to 200 vehicles were given permission to attend the event, that too at at time when social workers wanting to serve the badly affected poor people were not being allowed to ply any form of transport JD(S) leader N H Konareddi and MLC T A Sharavanna had denied the charges, saying the union government guidelines had been followed and that social distancing was maintained.

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