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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.

Mangaluru/ Udupi, Jul 20: Dakshina Kannada has recorded 89 new covid-19 cases and five deaths whereas as Udupi recorded 98 cases in past 24 hours. 

Dakshina Kannada 

With five new deaths, the covid-19 death toll in the district mounted to 82. Among the five deceased, two are from Mangaluru taluk, one from Beltangady taluk, one from Bantwal taluk and one from Chikkamangaluru district. The deceased include a 2 month old child (from Bantwal). 

Out of the 89 cases, eleven persons had contracted the disease from primary contacts. Two persons had returned from the Gulf. Forty-five persons are suffering from influenza-like illness (ILI), and sixteen persons are suffering from Severe Acute Respiratory Infection (SARI). The health officials are tracing the contacts of fifteen others.

Meanwhile, 57 persons were also discharged from the hospital after complete recovery.

Udupi

With 98 new covid-19 cases, the total number of cases in the district today mounted to 2,321. Among them only 661 are currently active. 

1650 patients have been discharged from the hospital after complete recovery, and 11 persons have succumbed to COVID-19 in the district.

As of now, 213 throat swab samples are pending for results, 54 samples were sent for testing on July 20. On Sunday, July 20, 251 samples have tested negative. As of now, a total of 22357 swab samples out of the 24891 have tested negative for the coronavirus.

Bengaluru, Apr 21: Bengaluru Police and administration has issued prohibitory orders in the city, with exemptions to essential and emergency services, to enforce the COVID-19 lockdown.

"In exercise of the powers conferred under Section 144 (1) Code of Criminal Procedure, I, Bhaskar Rao, IPS, Commissioner of Police and Additional District Magistrate, Bengaluru city hereby issue a prohibitory order within the limits of Bengaluru city commissioner on midnight of April 20, 2020, to midnight May 3, 2020," the order issued on Monday said.

Section 144 of the CrPC pertains to the power conferred to a District Magistrate, a sub-divisional Magistrate or any other Executive Magistrate to issue orders in urgent cases of a nuisance of apprehended danger.

"As per the guidelines of the Ministry of Home Affairs, Government of India on the measures for containment of COVID-19 epidemic, it is imperative to take stringent measures in the jurisdiction of Commissioner of Bengaluru city to prevent the spread of the disease," the order said.

As per the order, the offices of the Government of India, its autonomous and subordinate offices and public corporations shall remain closed with the exception of defence, central armed police force, treasury, public utilities, disaster management, power generation, and post office, etc.

Offices to the state government, their autonomous bodies, corporation, etc shall also remain closed except police, home guard, civil defence, fire and emergency services, electricity, water, sanitation and Mandis operated by Agriculture Produce Market Committee, etc, it added.

It said that municipal bodies, with staff required for essential services, will also remain functional during this period. Other essential and emergency services, like hospitals, shops, etc have also been exempted from the prohibitory orders.