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
Police busy in protecting cows.....
Saudi Arabia is the peaceful country than Our India. Why?
Because Islamic rule is there.
Exactly jeevan ...they are taught to slit the throat in the name of festival .so their No's are always high in slitting the throat of nation ( anti national activities )...soon. It will back fire ..and also back firing ....Israel showed the model ...Myanmar replicated ....now Americans duplicating it ...we Indians who are proud to say bharat mata ki jai must follow Israelis ...nobody shoeing sympathy for pellet gun attack except sicular and ummah gang ...it shows everything
@jeevan...
My dear we are doing animal slaughter to eat only....
You are also doing human slaughter even today killing women and children and sacrificing for maa kaali and other gods...correct your wrong number first...cow slaughter or eating wa
@ Jeevan # 9
We can say in other words,
Animals are valued over human.
Like you is nt it faizhal Bhai ......haha...enree innu Dana kadilikke hogilva ?
It is now proved that Islamic state ordering killings in Karnataka as they get free hand in khangrace govt ...proud billava youth died becoz of Islamic millitants ....rip charan ....chutiya log ..if they have guts they shud face directly ...not infront of kid ...
Take his wife and auto driver in police custody, truth may come out in a day.
These buggers should never get married.... understand naren and viren
when bajaragdal member killed by some pfi or kfd activists he will became rowdy sheeter. if anything happens ulta, in headline bajrangdal name will pop up
for animal slaughterers its easy to slaughter humans also.
his sin will follow him.
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