Govt failed to get FAC okay for Yettinahole project: Petitioner

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.

Bengaluru, May 10: Former Karnataka Chief Minister HD Kumaraswamy on Sunday accused the state government of not preparing proper guidelines to bring back people who are stranded near the Karnataka-Maharashtra border areas.

"No proper guidelines have been given to officials to bring back people who are stranded near the Karnataka-Maharashtra border. From the last 45 days, many of these people have not got any relief nor are there any proper directions or guidelines from the state government," alleged Kumaraswamy.

He also accused the state government of cheating the people of Karnataka.

"Karnataka government is cheating people the same way it cheated with the flood compensation. The state government had announced lakhs of rupees as compensation to those who lost houses in the flood last year. But nobody has got the records or details as to how many people got benefited from it," he added.
Fifty-three more COVID-19 cases were reported in Karnataka on Sunday, the state government said.

The total number of cases in the state is at 847, including 405 discharged and 31 deaths so far, the bulletin said.

Kochi, Mar 2: The Vatican has rejected the second appeal by Sister Lucy Kalappura -- one of the nuns who protested against rape accused Bishop Franco Mulakkal -- against her expulsion from Franciscan Clarist Congregation (FCC).

In her plea, she had demanded that her version be heard and her expulsion from FCC revoked.

She was expelled from FCC for participating in public protests demanding the arrest of Franco Mulakkal in the nun rape case.

''I got a letter from Vatican which says my appeal has been rejected. But the rest of the letter is written in the Latin language. So after I understand it, I will respond," Sister Lucy told news agency.

''The authorities are contemptuous of those who make such complaints. That is why the letter is written in Latin. Sister Lucy would continue her legal fight in the courts,'' said George Moolechalil, who has been authorised by Sister Lucy to communicate with the media on her behalf.

A petition of Sister Lucy is still pending at Mananthavady Munsif Court at Wayanad that demands that she should not be expelled from the convent where she is staying.