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
February 27,2020

Bengaluru, Feb 27: The Centre has adopted Prime Minister Narendra Modi's mantra of "Make in India', for India and the world" to build strong defence and security infrastructure in the country, said Defence Minister Rajnath Singh after inaugurating the new Light Combat Helicopter Production Hangar at Helicopter Division in Hindustan Aeronautics Limited (HAL) Complex here on Thursday.

According to an official statement, the Defence Minister said in the last five years, India has made significant progress towards manufacturing military equipment indigenously under the 'Make in India' initiative.

Stressing that the defence industry plays a major role in the economic development of the country, Singh lauded the significant contribution of organisations like HAL.

Highlighting the Rs 35,000 crore exports target set for the coming years, he expressed confidence that HAL, through its various platforms, will contribute significantly to achieve this milestone.

According to the statement, Rajnath Singh commended HAL for being the backbone of the Indian Air Force and meeting the requirements of the Armed Forces.

"The HAL has excelled both in operations and finance in the last five years. It has achieved operational clearance on seven platforms, including Light Combat Aircraft and Light Combat Helicopter, and overhauled platforms like Hawk and SU 30 MKI," he said.

He also appreciated that HAL had a turnover of Rs 19,705 crore till March 2019 and it gave shareholders a healthy dividend of 198 per cent.

HAL also apprised the Defence Minister on the progress of the new design and development programme of indigenous Indian Multi-Role Helicopter (IMRH), the statement informed.

The full-scale mock-up was showcased to Rajnath Singh. The IMRH is proposed as a replacement to the existing medium-lift helicopters such as Mi17's, Kamovs and Seakings which will phase out in the next eight to ten years.

LCH is a 5.5-tonne class combat helicopter designed and developed by HAL. It is powered by two Shakti engines and inherits many technical features of the Advanced Light Helicopter. LCH has the distinction of being the first attack helicopter to land in Forward Bases at Siachen, 4,700 mts above sea level with 500kg load.

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News Network
February 21,2020

Mangaluru, Feb 21: Police officials including the Mangaluru city Commissioner of Police P S Harsha would be summoned to appear before the panel conducting a magisterial probe into December 19, 2019 firing on anti-CAA protesters in the city which left two people dead.

Notices would be served on 176 police officers and staff to appear for hearing, Udupi deputy commissioner G Jagadeesha, conducting the magisterial probe into the incident said here on Thursday.

He told reporters that officials, including the city police commissioner Harsha, would be summoned to depose on the violence which led to police firing that killed two people.

Mangaluru (North) Assistant Commissioner K U Belliappa, who is the nodal officer for the police department, has given a list of 176 policemen who are ready to adduce evidence in the hearing.

The police officers would be summoned in phases.

The next hearing is on February 25.

He said so far, 203 members of the public have deposed before him on the incident.

Former city Mayor K Ashraf, who is under treatment in hospital, has also provided a written statement.

The remaining members of the public can provide evidence during next hearings, he said.

On December 19, two people were killed in police firing as protests against the Citizenship Amendment Act (CAA) turned violent here.

The protesters had attempted to besiege the Mangaluru north police station and tried to attack police personnel, following which force was used to disperse them, police had said.

Two people received bullet injuries in the firing and they later succumbed at a hospital, the police had said.

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News Network
January 6,2020

Bengaluru, Jan 6: The city police commissioner Bhaskar Rao has ordered a special inquiry by the additional commissioner in connection with sexual harassment on a girl hailing from Kasaragod and the allegation that there were attempts to convert her to another religion.

Udupi-Chikmagalur MP Shobha Karandlaje on Sunday met Rao along with the girl and gave a complaint that two youths from Kasargod had raped her and forced her to convert to their religion.

A complaint has been filed in the Kasargod police station, but no action has been taken against them. Since both the accused work in Electronics City police station jurisdiction, she urged the police to arrest them.

Rao said he was yet to gather information about the case and he had directed the additional commissioner to conduct a preliminary investigation and submit a report.

After filing a complaint, Shobha told reporters that she has been sexually harassed ever since she was a minor. 

The MP said that the girl, who was brought from Kasaragod to Electronics City, where the accused youths run a business, was allegedly raped. “I have asked the Police Commissioner to direct the Electronics City police to register an FIR and arrest the youths,” she said.

“I have spoken to the survivor and she said that the youths were also forcing her to convert to Islam and threatened her with dire consequences if she did not,” the MP alleged.

Shobha went on to claim that there was a gang that could be operating to forcibly convert Hindu women to Islam. She also met Chief Minister B S Yediyurappa along with the girl’s family members and gave a petition.

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