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 5,2020

Udupi, Apr 5: Excise Department has formed a special patrol teams to check the illegal sale of liquor in the district during the lockdown period.

All liquor stores are closed till April 14 in view of the lockdown to contain Covid-19 spread. However, reports of liquor being sold illegally have come to the notice of the Excise Department.

In a stern warning, the department has stated that officials will verify the closing and opening stock at the liqour stores and if any discrepancy is found the violators will be penalised. The department has received over 20-30 calls regarding the illegal sales.

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News Network
February 18,2020

Kasaragod, Feb 18: Police have seized counterfeit notes of Rs 45 lakh from a resident here on Tuesday.

The accused Muhammed, a native of Perla, has been taken into custody for carrying the prohibited currency and the police is investigating the crime.

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News Network
May 3,2020

Bengaluru, May 3: Erection of barricades and drawing up of boxes or circles aimed at maintaining social distancing were seen in front of liquor shops in different parts of Karnataka on Sunday, a day ahead of their reopening after a gap of over 40-days, due to the lockdown.

Karnataka Excise Commissioner on Saturday had ordered that only CL-2 (retail shops) and CL-11C (state-run retail shops like Mysore Sales International Limited) would open from May 4.

It had permitted liquor sale liquor between 9 am and 7 pm only in areas that are outside COVID-19 containment zones.

Reports of barricades being erected to ensure that people stand in line and drawing of boxes or circles in front of shops to maintain social distancing in front of retail and MSIL shops have emerged from across the state, including the state capital.

Also reports about shop keepers doing special poojas outside liquor shops in Kolar and some even illuminating their outlets with lights from outside have surfaced from other parts of the state.

Meanwhile, officials were engaged in checking stocks ahead of the shops opening on Monday morning.

"We are making all preparations to ensure that government rules are followed. We also seek the cooperation of the people and police," the manager of a shop said.

Another said there may be a rush initially, after which things may get back to normal.

"We expect things to go on smoothly," he added.

Calling for number of customers to be limited to five at a time while ensuring that they maintain social distancing of not less than six feet distance, the order states that customers and the staff will have to wear masks and sanitizers should be used at the shops.

Only stand alone CL-2 and CL-11C shops are allowed to commence liquor sale and not those at malls and super markets, it said.

Officials in Bengaluru said liquor sale is prohibited in 26 containment zones in the city, while in other places rules that have been prescribed need to be followed.

In case of any violation, strict action would be taken, including imposing of penalty, they said.

There was pressure on the government to kick start economic activities, including allowing sale of liquor, to boost the state's finances as excise is the key area which generates revenue.

State Excise Minister H Nagesh had recently pegged the losses at Rs 60 crore per day because of closure of liquor shops, due to the lockdown.

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