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
Ms Ramya is not wrong, whatever she experiencefrom her visit she described... however what about our PM he didn't visit ?... why he don't open his lips?
Obtain Education to lead Success
LoL.... Only sedition case is enough ? Rape and murder case no need?
There should be 2 more cases to be filed against Modi and Ravishankar....on modi for visiting Pakistan as unwanted guest...Ravishankar for praising Pakistan and saying a slogan \Pakistan Zindabad\"....do not maintain double standard..."
Now Sedition charges is treated like a banana in the meal plate.....
Can we apply this charge to Feku for saree gift and early morning chai .....
Sedition charges ! let start with modi,advani, ravishankar,mohan bagvath .
Sedition ! let it start with modi,advani,ravishankar , mohan bagvath
Very Low level of thinking.
The Gov't of India is keeping their embassy and maintaining all normal relations with Pakistan like these with any other countries.
Praising anybody is always the sign of your goodness. But condemning blindly is bad.
Find the reasons why is it happening. All because of Kashmir issues not solving politically. Until the issue is fairly solved, this unrest between 3parties will carry on with all future generations.
Unfortunately innocent civilians and soldiers have to pay the price.
Study the problem, think and advise the government to find a fair solutions
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