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
If he was muslim it would have been \\"\" breaking news im arnab goswamis throat.. Hypocrites dont show this.. Arresting of real terrorists."
oh namo shiva,,,, Not muslim,,, Otherwise story could be manglorean apponited to kill / carry out terror attack in Isareeel, by AL- hamas , hijbul mujahideen,,. many mnay.... Breaking news @ Times now,,,zee new,,,etc etc,,TV9,,,tonight debate with AR-nab Cow swamy.
Mangalore media shouted \Terrorist\" once Mangalorean Muslim youths carries Chakkuli, Kaarakaddi and some snacks. Here gone silent????"
#7 He came to deceive cheddis, the ways they are doing since decades...
NO NEWS SO FAR IN OTHER MEDIA....ONLY I CAME TO KNOW BY CD HERE..
IF THIS WAS HAPPENED TO MUSLIM PASSENGER, WHAT WILL BE THE REACTION FROM THE AIRPORT AUTHORITY AND THE GOVT OFFICIAL INCLUDING POLICE DEPT?????
He came to train RSS and bajarangi pepole so take care
IF MUSLIM FOUND IN SAME ISSUE EVERY NEWS WILL SAY TERRORIST ARRESTED IN MANGALORE AIRPORT.
May be he was taking those bullets to kill Palestinians....need to be investigated....
dont understand what and all this people will be smuggling, golds different case,
ohh really this guy must be crazy. as we all know powerful x ray scanner will be there.
Good work done by airport officials
When a innocent Muslim man was held at the same airport when the Sanghist authorities mistook his tab for an explosive it became an international news. now when this Israel bound passenger arrested with bullets its not at all a news for national media. what a double standard.
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