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.
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But BJP was able to do it in UP and Gujarat since EC is in its pocket
After model code of conduct came into existence in Karnataka, Congress crooks are not able to distribute money (both black money & fake currency) freely to get people for Pappu rallies like before.
Why can’t the idiot understand that Kannadigas have no interest in meeting him to listen to his nonsense.
Because it is a BJP stronghold and naturally communally sensitive region!
"Rahul asked party workers not to brag about their achievements and the
achievements of ministers, but to focus on key issues of each region
that ensure victory"
Is there anything to brag? And, he is advising to focus on key issues, now, during the election time? What were they doing for last 5 years?
Congress has change for its own good. Party party hierarchy, should be strong. The party must have zero tolerance on Corruption in the name of Party funds. Collect money from ministerial aspirants and Chairmen of statutory boards. Why other parties speak lightly about Congress is due to situation that is prevailing in the Congress. Native Congressmen are sidelined with migrated defected leaders. No one is listening or giving chances to hear views. This time Congress will learn a hard lesson for sidelining devout and loyal Congress leaders and giving prominence of migrants. Even senior leaders like Mr.Jaffar Sheriff and Moily are sidelined. Mr. S.M. Krishna left the party due to not giving importance to his seniority or experience. Now one after the other will start leaving the Congress after out come of the elections in Karnataka.
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