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.
Comments
Must be somebody from the HJV killed him to make it look like suicide. are the police investigating. All unnatural deaths should be properly checked.
Brother Manish #1
You have Mistaken What is the use of Organisation when Almighty Allah is not with them.
Learn Islam before its too late.
Naren and viren are busy with preparing CD/video to misuse this situation to frame some innocent people and trap them with Gooswami.
Our nationalist peddu naren is commenting on other news but he is not here with his brother? thats so sad when someone needs condolence he is not here... thats a shame for him and his HJV or HIV
Hi.. your goggles are super!!! how much u paid? now who using them?
Sad to know that there are people who celebrate the untimely death of a youth. #RIP humanity.
RIP, Any way great job, this is the lesson for youth of bajarangi what happens if cancer is in your mind
Entire organisation would be with you if you attacked Muslims or Christians. I bet if you consulted minorities regarding your problem you would be alive today.. RIP.. We know one to blame but what HJV are doing with minorities entire country knows.. And don't forget Manish... God is above any organisation..
And this kind of people lead organizations.....come on.....bhudhanaazhcha ka nahee to kyaa public ka
Feenari........
Madidunno maraya!!
I don't agree with Manish's comments
Had your entire organisation was with him this wouldn't have happened
All such org only uses such youths and make public bakra
RIP brother. You took a wrong step when entire organisation was with you.
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