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
Dear Shobha Karandlaje. This victim is a Beary. So kindly don’t include his name in your prolonged list of slain Hindu karyakarthas.
No anna the killers of RAO are BJP workers (minority sect) but BJP moved...this killer is a paid hitman,
Lesson for All Rowdy if we play with other life one day our life will end .. like tiz..
THAQDHEER BANA NE WALA KAM NAHEEN ! JIS KO KYA MILA WO MUQADDAR KI BAAT HAI
Cops wanted him dead.
That’s why he got bail.
Anyway this is a cleanup drive.
So many cases against him, really a big threat to the mangalore. Good Decision by police department :P
Inna Lillahi wa inna ilayhi raji'un,
Notorious rowdy died a dog’s death!
This may be the preplanned murder, big question is how he can get bail so soon.
No He was gang leader of Target Group.
Inna Lillahi wa inna ilayhi raji'un, how can he get bail so soon, need to question our Constituency?
out of contest! in mangalore no ending of murder?
Inna lillahi wa inna ilayhi raji'un, May allah grant him Jannah
Inna Lillahi wa inna ilayhi raji'un, dear brothers this s eye opener incident to all, pls leave peacefully.
is this same guy who killed Deepak Rao?
Youth dont understand the situation in mangalore. for every start thr will be a bad ending.
he recieved what he wanted.
Really sad but he was really a threat to the society.
Inna Lillahi wa inna ilayhi raji'un
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