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.
"D Raja should demand that communists should shoot and kill his daughter for taking part in the JNU protest. To prove my love for this country, I would have done the same if my child was taking part in such anti-national protests," he told reporters in Coimbatore on Saturday.
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More such a talks are more benefit for Congress. Nai Bogalidare Deva loka haalaaguwude????
Let them bark whatever they feel. Let us fight for the freedom from RSS - Jai JNU
These BJP leaders and their followers are crazy.
Those students are not anti nationals. they are protesting for their rights. They are joined by the staff of the JNU.
Most of the students & staff are Hindus. If you are a flag carriers of Patriotism, how your own children can do this.
They are fighting against govt policy.
Why should the parents kill their children. If you want to kill, die yourself, that is also you don't have right to kill yourself. Because your life is the property of your God and it is given by your God.
Are people Mad ,,,,,even after ZEE tv producer quit and agreed that the slogans were fake .....but its also fact that the damage to JNU almost successful ..........
anyways Fascism is already in Thrid stage....either we have to cut the main part of take proper therapy for Fascist Media
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