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.
According to a report published in Jayakirana, a Mangaluru based Kannada eveninger on Thursday, the incident took place on Saturday, but it came to light belatedly. The same report was published in Varthabharati Kannada daily on Friday.
Comments
GO RAKSHAK IS AN IMPOTENT TEAM. If they are really worried for Cow. They should come together to punish BJP men. It clearly shows that they are not worried for cow, they just want to get the benefit from cow voters during the election.
Saffron party not worried for cow. They are utilizing cow for their vote bank. If they are real worried then how India reached no.1 position in beef exporting, and modi government gives discount on the import of beef cutting machinary. Hindu people blindly believe their leaders and they utilize their voters like cow.
Complete F A K E NEWS....
Just saying 'According to the reports'......
Register a case IF the REPORT S are TRUE......
WHY hesitating, Aaj Ka Yudhistir?????
saffrons like eating beef very much than other ....
give them cow dung to eat and cow urine to drink. come on go rakashak
chaddigalu saar chaddigalu
Naren go ka mutra peene ko gaya....
Where are go rakshak sangh who usually force like this people to eat Gomuthra and Cowdung ? Why this time they disappear?
Go(ld) Mutra effect....
Everybody knows who are the real mafia. What can we expect from them when they made india no.1 by selling/exporting their so called gowmatha flesh into the international market .
ha ha ha,,naren thailand where are u?
Real face of BJP in india,.
this s totally fake news.
Add new comment