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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.

Kochi, Jan 21: Eight tourists from Kerala were found dead in a resort at Daman in Makwanpur district of Nepal, reports said. The dead include a couple and four minor children.

The deceased were identified as Praveen Kumar Nair (39), Saranya (34), Ranjith Kumar T.B (39), Indu Ranjith (34), Sreebhadra (9), Abhinav Soorya (9), Abhi Nair (7) and Vaishnav Ranjith (2).

The deceased are from Chengottukonam in Thiruvananthapuram and Kundamangalam in Kozhikode. Praveen, a travel enthusiast hailing from Chengottukonam, went on the Nepal trip with his wife, three children and friends from Kochi, last week.

 “They were using a gas heater in the room. Suffocation might have caused their death,” said superintendent of police Sushil Singh Rathore of the District Police Office in Makwanpur, news agencies reported.

According to newspaper reports here, the deaths occurred at a resort named Everest Panorama. They were airlifted to HAMS hospital where they were pronounced dead on arrival, superintendent of police Sushil Singh Rathaur said.

They were part of a group of 15 people travelling from Kerala to Pokhara, a popular mountain tourist destination, The Himalayan Times reported.

They were on their way back home and stayed at Everest Panorama resort in Daman in Makawanpur district on Monday night.

The tourists are suspected to have died of asphyxiation after turning on the gas heater and shutting all the windows to keep warm.  Hotel staff opened the room using duplicate keys as there was no response from the rooms when the other members of the group went to check on them.

According to the manager of the resort, the guests stayed in a room and turned on a gas heater to keep themselves warm. Although they had booked a total of four suites, eight of them stayed in a room, the manager said, adding that all the windows and the door of the room were bolted from inside.

“All arrangements have been made to bring the bodies to Kerala at the earliest. The Union government is coordinating with the Indian Embassy in Nepal. A doctor from the Indian embassy will be present during the post mortem. Other members of the group are being brought to Kathmandu by road,” said Union minister V Muraleedharan.

Chief minister Pinarayi Vijayan said that NORKA will coordinate with Nepal authorities to bring dead bodies.

 “Embassy officials are at the government hospital where a post mortem is being done. Formalities will be completed at the earliest and arrangements are in place to bring dead bodies by Wednesday evening. State government is in constant contact with Nepal authorities,” said Kadakampally Surendran, tourism minister.

Bengaluru, July 14: The Karnataka government has allowed some relaxations during the week-long lockdown in Bengaluru urban and rural districts. The lockdown will commence from 8p.m. today (July 14) and end at 5a.m. on July 22.  The government has released the guidelines for lockdown.

Restrictions

*No new flights or trains will be permitted; only flights and trains already scheduled will continue to operate. Flight and train tickets shall serve as passes for movement by taxis/cab aggregators/auto rickshaws.

* Metro rail services prohibited

* Taxis and services of cab aggregators will be prohibited except for emergency and as permitted in guidelines.

* Schools, colleges, educational/training/coaching institutions etc. will remain closed. Online/distance learning shall continue to be permitted. Examination already scheduled shall be permitted

* Hotels, restaurants, and hospitality services, prohibited except those meant for health/police/government officials/healthcare workers. Hotels and restaurants shall be permitted to operate kitchens for takeaway/home delivery of food items only.

* All cinema halls, shopping malls, gymnasiums, sports complexes, stadia, swimming pools, entertainment parks, theatres, bars and auditoriums, assembly halls and similar places.

* All social/political/sports/entertainment/academic/cultural religious functions/other gatherings and large congregations.

* All religious places/places of worship shall be closed for public. Religious congregations are strictly prohibited. Commercial and private establishment shall be closed down

Relaxations (outside containment zone)

* Shops including ration shops (PDS), dealing with food, groceries, fruits and vegetables, etc. to open only from 5 am to 12 noon. Home delivery of essential items shall be encouraged.

* All facilities in the supply chain of essential goods, whether involved in manufacturing, wholesale or retail of such goods through local stores, large brick and mortar stores or e-commerce companies.

* All food processing and related industries.

* Banks, insurance offices and ATM.

* Print and electronic media.

* Telecommunication, internet services, broadcasting and cable services, IT and IT-enabled services with minimum staff for essential purposes. As far as possible, work from home should be encouraged.

* Delivery of essential items such as food, medicines, pharmaceuticals, medical equipment through e-commerce.

* Power generation, transmission and distribution units and services.

* Capital and debt market services and notified by the Securities and Exchange Board of India (Sebi)

* Cold storage and warehousing services.

* Private security services.

* Delivery of goods by E-Commerce companies. Industries/industrial establishments as listed below will be allowed to operate (outside containment zones):

i. Production units which require continuous process, and their supply chain.

ii. Food processing industries, manufacturing of essential goods, including drugs, pharmaceuticals, medical devices, their raw material and intermediates.

iii. Manufacturing of packing materials.

iv. Manufacturing and other industrial establishment with access control in Special Economic Zones (SEZs) or outside municipal limits and Export Oriented Units (EoUs), Industrial townships. Construction activities will be allowed in continuation of works in construction projects, where workers are available on site.