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
Sreenivasa for you if u say all muslims goto GCC country to follow the rukes of islam thn were you will send the to the rajsthani women everyone cover there head even we cant see there face until they show there face and even many hindus also use to cover there head with there saree and were you will send thm can you tell me whn you people do pooja u also cover your head with ur saree or duppata wht abt tht were you will send GCC or the other country do u have dont blame other religons they do wht they blive india is not made only for RSS and hindus india is of maltiple religon and maltiple caste and multiple festivle dont blame others b like a brother if u cant let others live like brothers dont try to do brain wash of good hindus ok
@shrinivas.
That means Sita mata is Muslim. we can see that Sita Mata is wearing hijab in all her pictures and idols.
Dear Srinivas, the comments from your side shows how much childish you are. If eductaed, they will utter these type of words. India Is the country for all religon and practicing their faith is given to every one by constitution. If you think that you are not happy with this , you can search for the place of your choice , where you can practice your faith. So don't try to misguide the people. Simply relcoate yourself to the place where you can practice your religion. India is not suitable for people like you. Because in india every one want to live togtehr. If we united we can develop. If we devided we will perish. That what otehr countries want with india.
@ Srinivasa, why you people are wearing threads around wrist and Panganama on foreheads.... Any one is opposing... that is your culture and ideology .....Dear Sini, have you checked the reality... have you seen girls covering their faces in the CLASS ROOM
@srinivaasa. If Hindus want hindutwa and blah blah blah let them go to Nepal. India is the country of Muslims, Hindus, christian, and many more .. in short it's the country of Indians. And coming back to sharia.. it's the constitution rights what Muslims
whether you take it as positive or negative, my comments upon the subject is: Dear non hijab ladies, Kindly don't start to wear hijab. you want to expose your figures to public and public simply enjoys it. i too feeling lot of things in my mind. it just because of you only force me to think such manner. specially young ladies (College Students) whoever not wearing hijab please don't wear. if you start wear it is very boring to come out from the home.
Good move from the education minister, thank you sir. India is a secular nation and anyone can follow their own tradition and custom.
@Sreenivas, dont provoke the matter, instead of wasting your time in getting yourself provoked please understand with any good muslim person about Sharia Law by that you will come to know what Islam is and what it teaches, you said to follow sharia we should go to muslim countries (LOL). Everywhere you find Islam you will find sharia law. My brother please dont provoke any matter and dont come to conclusion soon.
Such issues began only after communal force came into power,
If sita mata can wear hijab. Then all hindu womens should wear hijab.
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