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
June 11,2020

Bengaluru, Jun 11: Most COVID-19 deaths in Karnataka occur when infected elderly people, those with Severe Acute Respiratory Illness (SARI) or any other symptoms delay reaching designated hospitals, a top official said.

Munish Moudgil, chief of COVID-19 War Room in the state, said most of those infected with the virus are brought to COVID-19 designated hospitals at a very late stage and recovery then becomes extremely tough.

He said about 65 per cent of those killed suffered from SARI and are aged above 60.

The death rate due to SARI is 43 per cent for those in the 40-60 age group, he said, releasing data on coronavirus deaths, to reporters.

In the same age group, the mortality due to Influenza Like Illness (ILI) was 17.4 per cent, whereas it is 11.1 per cent among people aged above 60 .

He said 25 per cent of symptomatic patients aged above 60 die due to the virus, while it was 10.7 per cent in the 40-60 age group.

The fatalities among those aged 60 is high even if they are asymptomatic, Mr Moudgil, who is secretary in the Department of Personnel and Administrative Reforms, said.

He said the average number of days spent at these hospitals by those who recovered is about 15 days, compared to 3.5 days for those who died of the virus.

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"Hence persons who are elderly and who have comorbidities or who have SARI must reach designated Covid hospitals at the earliest," Mr Moudgil said.

As of date, Karnataka has reported 69 COVID-19 deaths As many as 6,041 people have tested positive for COVID-19, including 2,862 discharges and 3,108 active cases.

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News Network
July 19,2020

Belagavi,  Jul 19: In a heart-wrenching incident, a woman used a pushcart to take the body of her dead husband to the crematorium after she allegedly did not receive any help from relatives who suspected him to have died of Covid.

The woman and her son were seen pushing the body in the Athani thaluk of Belagavi.

The man had died two days ago at his residence and no family member apart from the close members attended the last rites due to the fear that he was COVID-19 positive.

It was later found that the deceased person was COVID-19 negative.

A total of 3,693 new COVID-19 positive cases and 115 deaths were reported in Karnataka on Friday, said the state health department.

The total number of COVID-19 cases in the state is presently at 55,115, including 33,205 active cases. While there are 20,757 recoveries, the death toll stands at 1,147.

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News Network
February 22,2020

Bengaluru, Feb 22: Karnataka legislative assembly speaker Vishweshwar Hegde Kageri has issued a notification banning entry of journalists in the Legislators House.

"Electronic media and print media cannot enter the Legislators House any time," the notification issued by the Speaker's office read.

The notification which was issued on February 18 said, "The legislators come to Legislators House from their constituencies during the assembly session. It is their private time when they stay there. When journalists come to Legislators House to meet them, it's an invasion of their privacy."

"Arrangements will be made for journalists to speak to MLAs outside the gate. No journalist or camera person will be allowed inside the gate," the notification added.

The Legislators House is located near the Vidhan Soudha, the state legislative assembly.

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