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
This passage has always been quoted out of context and never post other verses 9:1-14, If they did, people would find out that it says the opposite of what they claim. Read from 9:1 – 9:14,
Islam never says to kill non-believers and this wording is related to pagans at the time of renovation. Quran is not an ordinary book. To understand the quran better you need to study Hadith and history. Dear brother Rudra I really appreciate your quote and I advise you to study more and more about islam to find truth. May Almighty Allah Guide you and your family in a right way. May Allah bless you if he wishes. Insha halla
Dear Asokan, dont trust on sanghis who are trying to brain wash you. Whatever you have stated is wrong. Your daughter has no passport to go out of india. Secondly your son-in-law is not a terrorist but those sanghis who are brain washing are the real terrorists who killed Bapuji.
All claims, no proof.
Kill unbelievers where you find them. koran 9:5
Do you dare to deny it? Do you follow it ? pseudo muslim.
As per Quran, All muslims are not terrorists, there is no doubt in it.
I agree with you whatever legal points of view expressed. Hadiya is matured, educated lady and free to convert, believe and marry the boy of her choice.
There is another face to this, which also to be a face of parents! irrespective of Ashokan's Sangh parivar leanings, keep in mind that he is father of Hadiya.They born & bought up her for 24 years and all of sudden they lost her! How their agony, misery and sufferings will be? Just keep us in his place and think, don’t we require little introspection?
Mr.Ashokan Miscerabley failed to prove his claim as said! now even the supereme court allowed Hadiya to meet Mr.Shafin Jahan! the above statement is out of his frustration he maight have said. Now a days it is very easy to paint some one as terrorist , and some as nationalist! media and some Govt. agency under RSS control anything may happen in future as they decide who is nationalist and who is anti national!
Pray for Mr.Ashokan, Please read Islamic history before you comment.
Every one misunderstood that accepting islam is just taking membership. Islam is way of Life proved scientifically and logically. It is just way of Life. any one can learn Islam and practise it. It is open and no body will force to accept islam. It is choice to practise Law defined by Our creator. No body wil be a True Muslim unless he practice the way of life defined by creator. increasing membership in islam no use. Every one should understand their creator and obey him. It is very simple and beautiful. If any one understand the principles of Islam. automatically he will attract. and identify his creator. Only our creator can read our mind and understand true believer. by name we cannot say he is true beleiver.
"If thousands of crminals escape also no innocent should be punished"
"one should not eat full if neighbour is starving"
what a beautiful teaching. We pray Al mighty Allah shows right path for all human being.
Now he need Treatment from Mental Hospital.
How dare Asokan to call a man terrorist without a proof ?
He has the rights to object to the marriage but, can't call a man terrorist.
Drag him to court of law for defamation.
LOL
mr. jahan, file defamation case against this ignorant human...
In sha allah on judgment day hadiya's father will realize that her daughter had made a right decission by entering to the fold of islam and saved her life from hell fire. But sad part is her father is not realizing this now. I pray with almighty that to give hidayah to hadiya's father.
If ALLAH wills, one day you will come to realise that my daughter hadiya has taken a good descision, from dark to light. and i hope that hadiyas entire family will be enter to islam. May ALLAH guide you to understand islam. Aameen.
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