MCC demolishes structures to recover relinquished land from builders

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.

Mangaluru, May 18: A boat which was engaged in an operation to fix the pipe relating to the reverse osmosis plant of Mangalore Refinery and Petrochemicals Ltd (MRPL) at Tannibavi turned turtle due to strong wind.

Two workers had gone missing in the incident that occurred on Sunday late evening, and one of them was rescued shortly thereafter.

The person who has not yet been found happens to be Pandu Pist from Mumbai. The person who was rescued was Santosh from Dakshina Kannada.

Three workers from West Bengal who were facing danger were also rescued.

A 7-year-old Dalit girl who had gone missing from outside her residence in Tamil Nadu’s Pudukkottai district on June 30 was found dead last evening. 

Police sources said that the body with severe injures was found in a forest area bordering her village. The young girl had been sexually assaulted before the murder, according to police.

Victim’s neighbour, Raja, 25, who belongs to the Pandaram caste, has been arrested in connection with the incident.

While they have included murder charges in the First Information Report (FIR) against him, they are awaiting the post-mortem report to add sections of the Protection of Children against Sexual Offence Act (POCSO act) in the FIR.

"The girl was playing outside her home at 4pm. Her parents then found her missing and her father filed a complaint at the station at around 7pm. Efforts were then underway to find the girl," said an investigating official.

They found the minor's body in the forest area near her village on the evening of July 1. Her clothes were in a state of disarray and her face was severely injured.

"She has been beaten with sticks on the face and injuries are clearly visible. The post-mortem will reveal the actual cause of death," says an official from the district.

Police sources further add that the neighbour had found the minor roaming around the area on Wednesday and allegedly took advantage of the fact that she was alone.

"During inquiry he admitted that he had sexually assaulted and murdered the girl," says a police official from the district. "Further investigation is underway and we will have more clarity once we get the post mortem report," he adds.