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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.

Shivamogga, Feb 1: A three-year-old girl who fell out of a moving vehicle had a miraculous escape in Agumbe Ghat section in Teerthahalli taluk of Shivamogga district of Karnataka.

The incident took place in the early hours of Friday when 12 members from three different families were returning from a tour of Kerala and Tamil Nadu. The girl was reunited with her family after 30 minutes of high drama.

The child, identified as Anavi, is believed to have fallen from the vehicle as it negotiated hairpin bends on the Agumbe Ghat road, 350km from Bengaluru. The child's parents, Binu and Lincy, from NR Pura in Chikkamagaluru district, and other family members reportedly dozed off and did not realize the child had fallen off the vehicle until they covered a distance of about 20km.

One of the family members noticed that child was missing from the seat next to the door. When the driver realized the door latch had given way, they suspected the child could have slipped out of the vehicle.

Then the family started searching along the road and learnt from a forest guard at the Agumbe checkpost that a missing child was found and it had been handed over to Agumbe police station.

An advocate who identified himself as Vinay spotted the girl child as he passed the deserted stretch minutes after the vehicle left and picked her up and handed her over to Agumbe police.

The child sustained minor injuries in the fall. She was provided medical treatment before she was handed over to the parents.

Sources said it wasn't known how the vehicle door opened. One theory is that the girl could have accidentally unlocked the door while clutching the latch in the bumpy ride on the ghat. Police did not file any complaint.

Similar incident

This incident is almost a rerun of a Kerala incident in which a one-year-old baby fell off a moving jeep and was reunited with its mother hours later in September 2019 in Idukki district.

The baby had slipped off the mother's arms while she dozed off in the vehicle. CCTV footage showed the baby, after falling on the road, crawling towards a lit-up area close by, which turned out to be a forest checkpost. Family realised child was missing after 20km.