Jain couple to leave minor daughter, Rs 100-cr property for monkhood

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, Jun 5: Congress has named Mallikarjun Kharge as its candidate for ensuing biennial elections to the Rajya Sabha from Karnataka.

Party interim president Sonia Gandhi approved Kharge's candidature on Friday, according to a Congress release by general secretary Mukul Wasnik.

The elections to fill the pending 18 Rajya Sabha seats from seven states will be held on June 19.

New Delhi, Jan 15: Suspended Deputy Superintendent of J&K Police Davinder Singh had ferried Hizbul Mujahideen terrorist Naveed Babu to Jammu last year also and facilitated his return to Shopian after "rest and recuperation", officials interrogating him said here Tuesday.

"Meri mati maari gayi thi (I must have lost my mind to do what I did)," an interrogator quoted Singh as saying after the DSP failed to impress them with his theory of catching a big terrorist.

Singh was arrested last Saturday along with Naveed Babu alias Babar Azam, a resident of Nazneenpora in South Kashmir's Shopian district, and his associate Asif Ahmad.

He is believed to have taken Rs 12 lakh for smuggling the two to Chandigarh for providing them accommodation for a couple of months, officials said. The officials, who have been spending considerable time questioning Singh, said there have been many inconsistencies in his statements and everything was being crosschecked and corroborated with the confessions of captured militants who have been kept in different rooms at an interrogation centre in South Kashmir.

During questioning it emerged that Singh had taken them to Jammu in 2019 also, the officials said.

In a tone laced with sarcasm, they said the DSP was taking the militants for "rest and recuperation".

Naveed told the interrogators that they used to stay in the hilly regions to avoid the J&K police and left the areas to escape harsh winters, they said.

The official said the DSP's bank accounts and other assets were being verified by the police and papers were being collected, amid speculations that the case may be handed over to the National Investigation Agency (NIA).

Going into the service history of Singh, majority of retired and serving officials of the JKP spoken to referred to a proverb -- coming events cast their shadows long before -- to say that if action had been taken against the officer during his probation period, such things would not have happened.

Recruited in 1990 as a sub-inspector, Singh along with another probationary officer were subject of an internal enquiry where some narcotics had been seized from a truck. However, the contraband was sold by Singh and another sub-inspector, the officials recalled.

There was a move to dismiss them from the service which was stalled by an Inspector General rank officer purely on humanitarian ground and the duo was shifted to the Special Operations Group, a team of policemen engaged in counter-militancy offensive.

However, he could not last there for long and was shifted this time to the police lines only to be rehabilitated in 1997 again in the SOG.

During this period, he was posted in Budgam and is alleged to have indulged in extortion for which he was sent back to the police lines.

His proper rehabilitation began in 2015 by the then Director General of Police K Rajendra, who posted him in district headquarters of Shopian and Pulwama, the officials said.

However, after some alleged wrongdoing during his stint in Pulwama, the then Director General of Police S P Vaid transferred him in August 2018 to the sensitive Anti-Hijacking Unit in Srinagar, though the move was opposed by some other officers.

An advocate, Irfan Ahmad Mir, was driving the vehicle when they were caught by the police on National Highway in Kulgam district.

The advocate, who has also been arrested, had travelled to Pakistan five times on an Indian passport.