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 .

 

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
March 31,2020

Bengaluru, Mar 31: Bengaluru Central Crime Branch on Tuesday seized as many as 1,000 fake N95 masks amid the ongoing coronavirus pandemic.

However, the police are yet to make arrests in the case.

Investigation in the case is underway and more details in this regard are awaited.

Recently, Noida Sub-Divisional Magistrate with a team from the Health department busted a fake sanitiser and mask factory.

Notably, the Central government recently had brought masks and hand sanitisers under the Essential Commodities Act up to June 30 as the novel coronavirus pandemic led to shortages and black marketing of these items.

Any person found guilty under the Act may be punished with imprisonment up to seven years or fine or both and can be detained for a maximum of six months.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
March 11,2020

Bengaluru, Mar 11: The Insurance Regulatory Authority of India has asked insurers to settle all claims related to coronavirus expeditiously under existing health policies that provide for treatment of hospitalisation expenses.

It has also asked insurers to design products covering the cost of treatment of coronavirus that has fast spread across the world and also resulted in increasing number of infections in India. There has been over 3,000 deaths globally and 58 cases tested positive in India.

In order to provide need-based health insurance coverage, insurers are intro ducing products for various specific diseases, including vector borne diseases. "For the purpose of meeting health insurance requirements of various sections, insurers are advised to design products covering the costs of treatment for coronavirus," the IRDAI said in a circular.

The regulator said that under existing health insurance policies where hospitalisation is covered, not only the cases related to coronvirus disease (COVID-19) shall be expeditiously handled, but all the costs of admissible medic al expenses during the course of treatment, including the treatment during quarantine period, should be settled in accordance to the applicable terms and conditions of policy contract and the extant regulatory framework.

This would bring much needed relief to policy holders some of whom were facing difficulty in getting coverage for treatment takers to coronavirus. In the absence of clear information, a few hospitals were reportedly denying for forward such claims of policy holders to the insurers.

IRDAI has now said that all the claims reported under COVID-19 shall be thoro ughly reviewed by review committee before repudiating the claims. This would prevent blanket rejection of such claims.

But to get full claim for treatment of coronavirus, industry experts said, a person should be hospitalised at least for 24 hours. Most insurers do not c over outpatient treatment.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
May 31,2020

Mangaluru, May 31: Eminent social worker, former Principal of School of Social Work Dr Olinda Pereira, passed away on Sunday.

She was 95.

Mahatma Gandhi Peace awardee Pereira promoted Women’s Education and Development in several States. She has left an indelible mark in the state of Karnataka, India and overseas.

Dr Olinda Pereira publications include: Understanding Children – 1,2,3, Sallak Publications – 1974; Adjustment and its Correlates among Pre-adolescents – Preeti Publications – 1977; Domestic Workers Struggle For Life-A.T.C Publications – 1985.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.