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 27,2020

Belgaum, Apr 27: A CRPF COBRA commando was thrashed and dragged to police station barefoot by police allegedly for violating lockdown norms here in Belgavi district.

Sachin Savant, the CRPF commando of 207 COBRA was arrested by police personnel of Sadalga Police Station on April 23 on the alleged charges of violating lockdown norms and assaulting/deterring public servant from discharging his duty. The incident took place when the commando was cleaning his motorcycle in front of his house at Examba.

Images of the jawan being tied up in chains and the video of the incident have created furore on social media.

Calling it an "unfortunate incident", CRPF Additional Director General (Operations) Sanjay Arora wrote to Karnataka DGP Praveen Sood.

"In an unfortunate incident, Ct Sachin Savant of 207 COBRA was arrested by police personnel of Sadalga Police Station, Distt Belagavi, on Apr 23, on the alleged charges of violating lockdown norms and assaulting/deterring public servant from discharging his duty. The individual was on extended leave and cleaning his motorcycle in front of his house, at Examba, when the incident took place," Arora said in a letter to DGP.

In the video of the incident, the commando is seen standing near a bike, while multiple police personnel indulge in a verbal spat with him. A police personnel can be seen repeatedly pushing and shoving the jawan. The commando retaliates after he was attacked with a lathi by the police.

"Reportedly, a skirmish had taken place between the COBRA commando and the Beat police personnel over wearing of a mask, following which he was manhandled and ill-treated, before his family members, and paraded to the police station barefoot, where he was kept in chains and handcuff," CRPF ADG said.

He said the viral video shows that police personnel's conduct was not "citizen-centric".
Stressing that this "unpleasant situation" could have been avoided, if the Karnataka police had taken CRPF hierarchy into confidence before making the arrest, he said: "CRPF is a very reputed force, with high standards of discipline, and we have the institutionalized mechanism for taking care of such situations."
Arora asked that Karnataka DGP to get the matter inquired and provide justice.

Meanwhile, CRPF spokesperson M Dhinakaran said the bail plea of the commando will be taken up in the court on Tuesday.

"We have taken up the case with State Police Chief of Karnataka. On Tuesday, his bail plea case is coming before the court. The CRPF will be in court through a local officer. Thereafter, an investigation into the matter shall be followed up to take it to the logical conclusion," said Dhinakaran.

Giving clarification on the matter, Belgavi Superintendent of Police told media that the CRPF jawan was found roaming with friends, who ran away on seeing police. However, the jawan was caught without a mask.

"The jawan was standing without wearing a mask. When policemen on duty asked him why he is not wearing a mask, he started arguing asking them who are you to ask and I am from CRPF, thereby violating the orders promulgated by DC," he said.

The SP also claimed that the jawan lost his cool and kicked the stomach of one of the constables.

"The jawan held the collar of the police constable and started pushing him aggressively. Another head constable, who is old, came to the rescue of his fellow colleague. Later the jawan was taken to the police station and a case was registered under various sections of IPC and Section 3 of Epidemic Disease Act against him," he said.

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News Network
January 20,2020

Varanasi, Jan 20: An FIR has been lodged against unidentified persons for a controversial hoarding near the Varanasi railway station. It is worth mentioning here that Prime Minister Narendra Modi himself is the MP of Varanasi Lok Sabha constituency.

The hoarding near the Englishiya Line crossing read, "Hindu dharma mein ghar vapasi karo... CAA, NRC se chhutkara pao (Get rid of CAA, NRC by converting to Hinduism)".

Inspector Ashutosh Ojha said that the FIR under section 295 A and 505 of IPC has been lodged.

"Investigation has been launched in the case and those involved in putting up the hoarding would be identified soon," he added.

According to sources, a lesser known outfit, Hindu Samaj Party, had placed the hoarding on the busy road.

The outfit's state Vice President Roshan Pandey had made a video viral on social media with his message in which he claimed to have put up the hoarding in response to the protest being staged at Shaheen Bagh, New Delhi.

The hoarding, which also has photographs of some Muslim women wearing saffron pagdi, was removed by the police late Saturday evening.

It came up at a time when Chief Minister Yogi Adityanath, Union Minister Smriti Irani and other leaders were in Varanasi to address a rally in support of the Citizenship Amendment Act at the Sampurnanand Sanskrit University.

Pandey, along with his supporters, had also tried to stage a sit-in at Lanka to give a call for marching to Shaheen Bagh in Delhi but was prevented by the police.

They were taken in custody and were later released following initial interrogation, said inspector Lanka, Bharat Bhushan.

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News Network
March 27,2020

Bengaluru, Mar 27: Karnataka has recorded the third death due to the Covid-19 virus. It is a man from Tumakuru with a travel history to Delhi. He had been put in isolation at the District Hospital in Tumakuru on March 24.

His travel history indicates that he travelled to New Delhi by the Sampark Kranti Express (Coach S6) on March 5 along with 13 members. They reached Hazrat Nizamuddin station in New Delhi on March 7 and went to the Jamia Masjid and rented an room at a lodge nearby.

He began the return journey to Karnataka by the Kongu Express on March 11 in Coach no. S9. On March 18, he developed cough and fever and visited a private hospital the next day. He was referred to the District Hospital in Tumakuru but on March 24, he left the hospital against medical advice and went to a private medical facility. He was referred back to the District Hospital, where he was put isolation.

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