'Kundapur accident that claimed lives of 8 students could have been avoided'

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.

Riyadh, July 6: The government of Saudi Arabia has announced health protocols to prevent the spread of the new coronavirus in the 2020 Hajj season, banning gatherings and meetings between pilgrims.

Saudi Arabia decided in June to limit the number of domestic pilgrims attending the Hajj to around 1,000 to prevent the spread of the coronavirus, after barring pilgrims abroad from the rite for the first year in modern times.

Touching the Kaaba, the holiest site in Islam, will be banned during the Hajj this year, and a social distancing space of a meter and a half between each pilgrim during the rituals including mass prayers and while in the Kaaba circling area will be imposed, a statement by the Center for Disease Prevention and Control (CDC) elaborated.

Also, access to holy Hajj sites at Mina, Muzdalifah and Arafat will be limited to those with Hajj permits starting Sunday July 19 till Aug. 2 2020, and wearing masks all the time will be mandatory for both pilgrims and organisers.

Bengaluru, May 3: Karnataka Chief Minister BS Yediyurappa requested his Maharashtra counterpart Uddhav Thackeray to release six TMC water from his state's reservoirs to rivers in Karnataka to meet acute drinking water shortage in North Karnataka.

Yediyurappa pointed out that the North Karnataka districts, namely Belagavi, Vijayapura, Bagalkot, Kalaburagi, Yadagiri and Raichur are facing acute shortage of drinking water due to onset of summer during early days of March this year.

"I request you to kindly direct the concerned authorities to release 3 TMC of water from Warna/Koyna reservoirs to Krishna river and 3 TMC of water from Ujjaini reservoir to Bhima river on humanitarian grounds for drinking purpose," Yediyurappa said in his letter.

He reminded Thackeray that even in the past the Maharashtra government had released water from its reservoirs to meet the drinking water needs of both human beings and livestock in drought-affected areas of Karnataka.