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
All Muslim must Vote for SDPI...we should follow our hindu ppl...how they VOTE only for BJP in mangalore ...if the cadidate is also DOG..if it is hindu then they will vote for it....in similerly we should vote for SDPI if the cadidate is CAT....vote for religion not for this country development...
D'Souza Gaddar man...what is the construbution of your community towards indian independence...you people are slave and licking boots of british...we and our hindu brother fought & die to this country...
the biggest terror is the george W bush
we all know about you people...you always spread division, curription on earth and make people fight and play innocent role...
killing people using modern weapon & black suit with tie doest not make innocent..its also terror attack..
ALL Muslim must VOTE for SDPI, we all know the capacity of congress leader...NAMARD cadidate....if we defeat also we should vote for SDPI....
from where do you get all these infos ? Pls list out the outfit names also so that we can laugh out loudly.its an open challenge for you , prove your allegations if you dare
Wow Kudos to CD team for appraove OP's opinion. Kindly ensure similair opinion about national parties will be reflected as well. Journalism must be people friendly and request CD Editor team not to biased and respected readers opinion. Thanks
SDPI ZINDABAD............ YES LET CONGRESS SUPPORT SDPI IF THEY R REALLY A SECULAR PARTY........
SDPI is political arm of PFI, which allegedly has links with several terror outfits. All those who vote for this fellow are terrorists.
Let Congress – if it is really a secular party – decide not to field candidate from Dakshina Kannada and officially support SDPI as the latter had done in many seats in last Assembly polls. All the shortlisted Cong ticket aspirants are useless, shameless and corrupt people. Let all the peace lovers back SDPI this time.
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