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
January 22,2020

Udupi, Jan 22: Writer Richie John Pais will be conferred with the Best Konkani Book Award, instituted by Dr T M A Foundation in recognition of his contribution made to Konkani Language and Literature.

According to a statement, the Award carries Rs 10,000 in cash and a citation.

‘Fathor’, a collection of Konkani short stories authored by Richie John Pais was published in 2017 has been chosen for the Dr TMA Foundation Best Konkani Book Award 2018.

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News Network
May 12,2020

Bengaluru, May 12: Last week, a 28-year-old, eight-months pregnant woman, was found murdered at her house, in Diburahalli. The woman was hacked to death with a machete during the day and was discovered only after her family members returned home, later in the day. After the alleged murder, the accused tried to destroy the evidence, by cleaning the crime scene, and wiping the bloodstains off the walls and floors.

The victim was a homemaker and her husband is employed in the railway department. The police suspected that the murder was a result of someone known to the woman and family, and were soon proved right. The woman was murdered by her own brother-in-law, frustrated with her for allegedly not taking care of his mother and other family members properly.

The victim has been identified as Jyothi, and the accused is her husband’s brother Hareesh Babu, 38. “Jyothi and the accused are alleged to have had differences for the past few years. Their fights kept escalating over the years. She had also informed her family and her husband about the regular fights with the brother-in-law. The accused had been advised by the family, to back off from Jyothi. Owing to his violent streak, Babu’s wife had deserted him and their son. Since his wife’s departure, he had started troubling his brother’s wife and was regularly picked a fight with her.

He complained that Jyothi neglected to take care of his mother and other family members. Investigations reveal these as false allegations, and in fact, Babu’s son was being raised by Jyothi,” said an officer on part of investigations.

Last week, when the victim was resting at home, the accused returned home at around 10.30 am and picked up a fight with her. The fight escalated and Babu ended up hacking her to death with a machete. The victim’s father Nagaraj, at the time of filing a complaint, mentioned Babu’s regular fights with Jyothi and suspected his role in the murder of his pregnant daughter.

The accused, after killing her, had gone to the farm and pretended to not knowing about the the happenings back home. Based on the complainant’s suspicion, the police picked up Babu. After a thorough interrogation, Babu reportedly confessed to the murder of his sister-in-law. The machete, which was used for Jyothi’s murder, was also recovered by the police team.

A case of murder under section 302 of the Indian Penal Code has been registered and further investigations are underway.

Comments

abdullah
 - 
Tuesday, 12 May 2020

Put this case in fast track and hang him immediately.  No mercy should be shown on such inhumans.

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News Network
May 11,2020

Bengaluru, May 11: Janata Dal (Secular) leader HD Kumaraswamy on Monday asked Chief Minister BS Yediyurappa to urge PM Narendra Modi to give a 'COVID Package' to Karnataka.

In a series of tweets, Kumaraswamy said that Yediyurappa should raise the demand during the course of the meeting scheduled to be held today with the PM, which will also be attended by Chief Ministers of other states.

"Prime Minister Narendra Modi will hold talks with CMs from different states on coronavirus control and lockdown today. The state's CM BS Yediyurappa will also be in it. At this meeting, BSY should urge Modi to offer a 'COVID Package' to the state," Kumaraswamy's tweet, roughly translated in English from Kannada, read.

In subsequent tweets, the JDS leader said that, "The central government has set up a PM Cares Fund for the fight against Corona. As MPs, entrepreneurs and citizens have made generous donations. BSY must convince Modi that the state has not received adequate financial support from the Center so far."

He further said that the package could be utilised for "medical procedures", "financial compensation for the affected people."

Kumaraswamy also said that "In addition to the 'COVID Package', other dues from the Center, including GST dues, flood relief, etc should also be asked for by BS Yediyurappa at the meeting with Modi."

PM Narendra Modi will hold a meeting, through video conference, with state Chief Ministers on Monday at 3 pm to discuss the prevailing COVID-19 situation in the country.

The Prime Minister had earlier interacted with Chief Ministers four times over the COVID-19 situation via video conferencing.

The upcoming interaction comes days ahead of the scheduled ending of the nationwide lockdown.

The ongoing lockdown, which was imposed to contain the spread of coronavirus, is scheduled to end on May 17.

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