Islamic tourist cruise to connect Iran, Oman and India

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.

New Delhi, Mar 30: Congress MP Rajmohan Unnithan on Monday approached the Supreme Court seeking directions to open the Karnataka-Kerala border to allow movement of ambulances and other emergency vehicles for the transport of essential items to Kerala.

Unnithan, who is an MP From Kerala's Kasaragod constituency, filed a plea seeking direction to Karnataka to open the borders with Kerala and in particular Kasargod-Mangalore border at Talappadi.

The petition sought directions to Karnataka to allow the movement of ambulances, emergency vehicles, trucks and other vehicles carrying essential and non-essential items to Kerala. It also sought to stay the blockade imposed by Karnataka with its border states.

The plea also sought directions to Karnataka to register an FIR and constitute a special investigation team (SIT) under the supervision of this court to enquire against the concerned authorities including the police officials whose action led to the death of two citizens.

It said that the imposition of such a blockade at a time when the supply of commodities is itself hit hard and when a medical emergency has plagued the entire country is a clear violation of Articles 21 and 19(d) of the Constitution.

"This blockade has also resulted in cutting off the essential lifeline of National Highways and State Highways and major District Roads leading to the State of Kerala which has resulted in the shortage of supply of essential and non-essential items to the State of Kerala leading to shortage supply of food and medical supplies," the plea said.

"This ill-planned and dangerous blockade has claimed the life of a 70-year-old woman who was denied entry into Karnataka even for the purpose of urgent medical treatment which was only available in the medical hub of Mangalore. This is a clear case of violation of the right to life with dignity by the state as citizens are made to die on the roads because of the action of the state which is in total disregard to Article 21," it added.

This comes as the country is under a 21-day lockdown to prevent the spread of coronavirus, which according to the Ministry of Health and Family Affairs has claimed the lives of 29 people and infected a total of 1071 people as on Monday morning.

Bengaluru, Jun 7: Suspense over JD(S) patriarch HD Deve Gowda contesting the Rajya Sabha polls from Karnataka with Congress' support continues as KPCC president D K Shivakumar on Saturday said the party has fielded one candidate and the high command will decide on what do with surplus votes.

Mr Shivakumar also said his official takeover as party state unit president is likely to take place on June 14.

"Whatever our national leadership will decide... For now we are fielding only one candidate, regarding surplus votes whatever our high command says, we will abide by it," he said in response to a question about supporting Deve Gowda.

Polls for four Rajya Sabha seats from Karnataka is scheduled for June 19.

The Congress, which can win one seat with its strength in the assembly, has fielded veteran party leader Mallikarjun Kharge as the candidate, while the BJP is yet to decide on candidates for two seats it can win.

The JD(S), which has 34 seats in the assembly, is not in a position to win a seat in Rajya Sabha on its own, and will need support from one of the national parties with their surplus votes for this.

Minimum 44 votes are required for candidates to win.

Speculation is rife that congress is likely to support JD(S) with its surplus votes if the regional party fields Mr Gowda, and in return may seek favour during legislative council polls slated later this month.

Though JD(S) legislators are of the unanimous opinion that Mr Gowda should contest Rajya Sabha polls, the 87-year-old leader is said to be undecided and weighing options.

If he contests and wins, this will be the second Rajya Sabha entry for him, the first time being in 1996 as Prime Minister.

June 9 is the last date for filing nominations.

Stating that on June 8, Mallikarjun Kharge will file his nomination for Rajya Sabha polls, DK Shivakumar requested party workers not to come to Congress office or Vidhana Soudha, where the nomination will be filed, because of the COVID-19 pandemic.

"Let your love and affection continue, but let's not create problems by gathering here. After the election is over, and once he (Kharge) wins, you can greet and congratulate him. Let's not bring a bad name to his seniority for not maintaining social distancing by gathering," he said.