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
Totally comdemenable situatation, at Kottara chawki Criminal Killer from {Kadapu} kerala Uppala and Kunjuttur, all very young boys ,here in natakel Sangi Criminal Jihadi came from Sullia, you people understand all these safroon criminal leaders understand their utterely defetables forth comming election, Yeddianna and shobakka behind all these, no worries we will produce more and mor, Criminilising the holy land of Hindustan they have t have to pay for ever.
Jai Hoo Siddanna
Jai hoo Raianna.
Dear Bro...
Being a Muslim, lets not drag the Issue much. Yes we all agree it is a criminal act of couple of men who want to disturb the peace in society. We as muslims, try our best to teach them islamic way of handling it. Do u know the Hadees of where a Yahudi is given shelter in the mosque by Rasool ( S.A. ) and the next day morning, he urinated in Masjid and went. But our Rasool S.A. asked sahaba to clean the floor by pouring water on them and asked not to harm the yahudi who urinated there. Lets be the followers of this Great Rasool and lets not make fitna in the society just becoz few are doing some crime.
The place called SULIA is the second HQ of criminal RSS. Dept must trap thier all telecom round the clock and smash this evil from the base. Due to last weeks criminal goonda giri TWO innocents lost their life and whole Mangloreans still with that pain. Beside these desh drohi still stick with their anti communal activity. Now they will create more and more by sponsored goonda giri. SInce the State Govt and our Police Dept are with thier strict action these criminals never succeed much. Public must catch and puch from top to bottom first and hand over to police.
The main culprits behind this are our elected TWO criminal back ground politicians.
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