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.
He was hospitalized on the previous day after he suddenly took ill.
Comments
No words to speak after hearing the sad demise my favorate Mr. P.C.M. Kunhi. I met him last year in the month of April 2015 on my vacation in a programme. He spoke to me and asked about my wishes. Great Educationist, Academist, Philanthropist and wise man.
Helping hand for poor. I was with him in Yenepoya Dental College at Zulekha Complex, Bunder.
May Allah bestow him Jannathul Firdouse and Give him a cool and heavenly life in Barzak.
Aameen Ya Rabbul Aalameen..
Innaa Lillahi Wa Innaa llaihi Raajivoon. May the departed soul rest in peace. May Allah accept all his good deeds and forgive the sins. May Allah bless him with Jannah. May Allah give sabr ( patience ) to the grieved family to bear the loss of their dear one.
Heartfelt condolences.
our deepest condolences to the family members of pc kunhi,
we pray with almighty Allah give patience and strength to the nearest and dearest of all his family members, this is a great loss to all of us, once again we pray for the magfirah of departed soul of kind and soft man. Ameen
to Allah we belong and to Him is our return
our heartfelt condolences to the family members of pc kunhi . may Allah give patience, strength to all his nearest and dearest, the great loss of our family, my deepest condolence to all of them,
we once again pray with almighty for the maghfirah of departed soul of kind and soft man, ameen
Please accept our deepest condolences, \to Allah we belong and to Him is our return\""
Inna Lillahi wa Inna Ilahi Rajiwoon. Very sad and shocking news. We are with the aggrieved family
Inna Lillahi wa Inna Ilaihi Rajioon. May Allah grant him jannah. Indeed he was a great motivator. Hope his son Hashir will fulfill dreams of his father.
A great loss to the community and society. He was a role model for many. Despite his ill health he continued to fulfill his responsibilities.
Inna lillahi wa inna ilaihi raajioun. May Almighty Allah bestow with Jannathul Firdouse. A big loss to entire coastal muslims as well as for Islamic Academy of Education (Yenepoya University).
INNA LILLAHI WA INNA ILAIHI RAAJIOON.
The big loss for Muslim Community. He was the Correspondent of Badria College for decades.
May Almighty ALLAH bless him with Jannathul Firdous.
Inna Lillahi Wa inna ilaahi rajioon
The Great Academician, Educationist, Administrator,Philanthropist. the really big loss for the society, we wish him to take rebirth.
RIP, condolences to the family and loved ones.
RIP sir
wanaqalat shaqqana
unbelievable...really really hard to believe
Unbearable loss to the society “RIP”
Inna Lillahi Va Inna Ilaihi Raajivoon...
Inna Lillahi wa Inna Ilaihi Rajihoon. Allahummghfirlahoo warhamhoo whafu anhoo Yaa Rabbal Aalameen. May Almighty Allah bestow him with the Janathul Firdouse. ameen.
Inna lillahi wa inna ilayhi raji'un
inna lillahi wa inna ilaihi raajioun. we pray almighty allah to bless late.prof.p.c.m.kunhi, with his jannathul firdouse, aameen. our heartfelt condolences to the family members of prof.p.c.m.kunhi. may almighty allah give patience, strength and forbearance to all his family members to bear the brunt of bereavement. a soft spoken, well qualified civil engineer, educationist., academician and also an entrepreneur with humility. a very good footballer and a keen sportsman in his heydays. prof.p.c.m.kunhi, is closely known to us for the past 40+years., since his teaching days in krec-surathkal (now-nitk). particularly mangalore muslim community and others have lost a decent gentleman with high esteem. we once again pray with almighty allah for the maghfirah of the departed soul of this noble gentleman, aameen.
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