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
what your forefather done, slave of british or licking british boot... muslims fought hard for this country
did your father borns to godse...then you are najaaes aulad!!!
Your father was traitor...who is licking british boot from long time... as i told you last time 80% dog is nothing in front of 15% lion in forest.. i hope you got my point
what is the contribution of HEGDE community to Karnataka .!!!!
People who have not done anything for Mysore or Karnataka, Just Spread Lies, Hatred,and follow the Britishers policy of DIVIDE AND RULE.
JAI HIND , JAI KARNATAKA
Send these rss chaddidaars behind bar for atleast 12 months period. All will leave peace fully.
Tipu was the only one King who fought till his last breathe against british. He was a big treat to British invader which Is still rememered by the Brishers and written in British history. In his kingdom he respected all religion and their worship place. His administration was with all religions. He never spared any single british supporters in some part of MYSORE greedy people supported the Britisher's to enter our Country and cheated the great king. Fact's are trying to erase from the real history and nothing else. But facts never hidden at any cost by any one. Jai Hind Jai Karnataka! Long Live United India
What did Tipu do in India?? Looted all money, attacked many Hindus and Hindu temple and still court supporting people who stands for tipu
There were many deregatory comments against Godse. Why court not taking action against that.
Total injustice. Tipu was a traitor.
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