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
March 28,2020

Kasaragod, Mar 28: A pregnant Bihari migrant woman in labour gave birth in an ambulance after the Karnataka police allegedly refused to allow the ambulance carrying her to cross the border road to Mangaluru to reach her hospital.

The border road was shut due to the lockdown. The woman used to consult a doctor in Mangaluru across the border.

As Karnataka police stopped the vehicle at the border in Talapady, saying no vehicle, including ambulances from Kerala, could be permitted to their state, the drivers decided to take the woman was taken to the general hospital here, but she went into labour and delivered a baby girl in the vehicle

Both the mother and baby are doing fine, authorities said.

Hailing from Patna in Bihar, 25-year-old Gowri Devi and her husband were working in a local plywood factory in this north Kerala district, from where the maximum number of coronavirus cases have been reported so far in the state.

Those living in the border towns and villages of Kasaragod are dependent on the hospitals in Mangaluru as it is nearer, local people said.

The ambulance drivers- Aslam and Musthafa- said they stopped the vehicle by the wayside, making it safe for the woman. The baby girl and the mother were soon shifted to the government general hospital here and both of them are safe and healthy, they said.

Local people complained that not only pregnant women, but even patients requiring daily dialysis and emergency cardiac and cancer treatment were being sent back by Karnataka.

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coastaldigest.com news network
July 18,2020

Mangaluru, July 18: The Dakshina Kannada district administration is likely to earmark a common burial ground in the wake of growing resistance from residents of various localities in Mangaluru against burial of Covid-19 victims in their vicinity.

Recently, following protests by residents on Bolar, the body of a Covid-19 victim remained in the ambulance for hours together. The residents refused to allow the victim to be laid to rest at a burial ground attached to a mosque. The victim, who had been a resident of Idya in Surathkal, was subsequently laid to rest after DC’s intervention.

In a bid to avoid such instances in the future, the district administration has identified a burial ground on the outskirts of Mangaluru. 

Former minister and incumbent Mangaluru MLA UT Khader said that he had discussed the problem at length with the officials of the Dakshina Kannada district administration, and had suggested they look for a relatively isolated space on the outskirts of Mangaluru city in order to avoid confrontation with the public.

“A parcel of land at Badaga Yekkuru, some 20km from the city has been identified as being suitable for the burial ground, but the district administration is yet to take a final decision,” Khader said.

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News Network
April 25,2020

Mangaluru, Apr 25: The Kasturba medical college hospital at Manipal in Udupi district has decided to resume normal outpatient department services for all specialities from Monday.

In a release, hospital medical superintendent Avinash Shetty said the services will be made available from 8.30 am to 1 pm.

The services had been suspended in view of the nationwide lockdown.

Those visiting the hospital should visit the temporary screening kiosk set up outside the hospital, from where they will be shifted to the respective departments.

Mask is essential for all patients and their attenders.

Only one attender is allowed along with a patient.

Doctor's consultation through telemedicine service is also available from 9 am to 4 pm.

Trauma and emergency services will function as usual, the release said.

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