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 news network
June 29,2020

Mangaluru, Jun 29: A three year old child lost its life after being hit by a car at Nadupadavu village under the limits of Konaje police station on the outskirts of the city today. 

The victim has been identified as Faheema (3), daughter of  Farooq, a resident of Nadupadavu. 

The mishap occurred when the girl ran towards the road when the car was entering a main road from an inner road.

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AZAM arabi
 - 
Tuesday, 30 Jun 2020

DO NOT APPRETIATE THE PICTURE OF BLOOD SPLASH PUT IN BY THE DESIGNER !! BE SENSITIVE , COASTAL DIGEST IS EVEN FAMOUS AMONG CHILDREN WHO READ NEWS PAPER OR LEARNING TO !!! 

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coastaldigest.com news network
June 9,2020

Mangaluru, May 9: An Indian expatriate worker from Karnataka’s coastal district of Dakshina Kannada died of in Dubai after he suffered a cardiac arrest.

The deceased has been identified as Yashwant, 37, hailing from Malali Kajila House in Tenkulipady village, on the outskirts of Mangaluru.

He was working as an air-conditioner mechanic in Dubai for the last two years.

As per sources, he suffered a heart attack. However, the exact cause of this death is yet to be known.

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DHNS
January 2,2020

Jan 2: A year after 12,000 acres of forests in Bandipur went up in smoke, the Karnataka Forest Department is gearing up for the summer even as the Forest Survey of India (FSI) has cautioned that 22.78 lakh acres (9,222 sq km) or about 20% of the green cover spread across three districts in the central part of the state is fire-prone.

The FSI studied forest fire incidents across the country between 2004-05 and 2017 before coming up with state-specific inputs.

According to the 13-year observation, Karnataka has 7,352 “fire points” or areas measuring 5 km X 5 km with frequent fire incidents.

Though the number is lower compared to states like Maharashtra, Madhya Pradesh and Odisha with over 20,000 points, the sheer spread of the fire-prone area itself is a challenge for the Karnataka Forest Department.

According to data, about three lakh acres (1,199.9 sq km) of forest area is very highly fire prone with 26 to 52 fire incidents in 13 years. This is followed by 7.6 lakh acres (3,067 sq km) of “highly fire prone” areas with an average of one to two incidents every year.

Almost all of the “red alert” areas are concentrated in Uttara Kannada, Chikkmagaluru, Shivamogga and Chamarajanagar districts. As temperature rises at the end of January, so does the risk of forest fires, requiring officials to be on vigil till the end of summer.

After an investigation into the Bandipur blaze revealed that faulty fire lines and poor supervision were the reason for the spread of the fire, the department has come up with a multi-pronged approach to prevent similar incidents this year.

“After the Bandipur incident, we have created a fire cell and a standard operating procedure (SOP) which everyone has to follow. Firstly, a fire management plan is prepared and approved by a competent authority.

The SOP has well defined firelines which have to be executed by December-end and burning must be completed by January 15,”  Principal Chief Conservator of Forests (Head of Forest Force) Punati Sridhar told DH.

He said that to ensure its strict implementation, GPS readings of firelines are to be submitted for random verification.

“All the required equipment from fire jackets to shoes, gloves, backpack sprayers and tractors mounted with 2,000-5,000 litre tanks with high pressure pumps will be deployed at vantage points,” he said.

In addition, the department’s fire cell works in collaboration with the Karnataka State Remote Sensing Applications Centre (KSRSAC) to give fire alerts within half and hour of an area catching fire and detected by satellites.

“Earlier, the gap used to be four hours by when the fire would have spread beyond control. Now, with reduced time gap, it would be easier to control fire early,” he added.

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