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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.

Thiruvananthapuram, Mar 25: Kerala Chief Minister Pinarayi Vijayan on Tuesday said that strict action will be taken against overpricing and hoarding of essential items during lockdown period in the state.
Speaking to media persons here, he said: "Today 14 new cases of COVID-19 have been reported taking the total number of cases to 105 (excluding four discharged) in the state."
"Out of this, six are from Kasaragod district, two from Kozhikode, eight have returned from Dubai, one each from Qatar and UK; and three have got infected from a mutual contact. One health worker is also suspected to be on the list," he said.
A total of 72,460 people are under observation in the state out of which 71,994 are in isolation in their homes and 466 in hospitals. Today 164 people were hospitalised. 4,516 samples were sent for testing out of which 3,331 have tested negative.
Chief Minister Vijayan said that people should take the lockdown seriously and strictly adhere to government instructions.
"All personal vehicles should strictly be off the road. Taxis and autos can only be used for emergency purposes. People using personal vehicles should give self-declaration giving details about the purpose of the journey. Police action will be taken against those giving false information or found misusing personal vehicles," he said.
The Chief Minister today interacted with the MLAs from Kasargod through audio conferencing and asked them to co-ordinate the activities there along with the Panchayat president.
"Special attention should be given to the elderly, homeless, specially-abled in the state and local self-government institutions should take effort to arrange food and shelter for the needy. Apart from medicines, those in isolation would also be given counselling if required," he said.
He also urged the youth to come forward in volunteering during this difficult time. They can volunteer as bystanders in hospitals and help in other places too.
The Chief Minister also informed that the testing facilities at Central Universities in Kerala, IISER in Trivandrum and MIMS, Kozhikode can be used.
"All MLAs are working in their respective constituencies and they should make the effort to identify places that can be used as regional isolation centres, as and when required," said Vijayan.

Bengaluru, April 3: Former prime minister HD Deve Gowda has written to Kerala Chief Minister Pinarayi Vijayan stating that he has communicated in writing to Karnataka Chief Minister BS Yediyurappa to make arrangements for the passing of vehicles related to medical facilities and essential goods between Mangaluru and Kasargod.

"What made me write this letter is the pain and anguish I experienced when BM Farookhji, the national working president of JDS and K Krishnan Kutty, MLA and a member of your Cabinet and member of JDS, a coalition partner of your government brought to my notice the inhuman and inappropriate action on part of the authorities of Karnataka to block the interstate highway between Mangaluru and Kasargod, bringing the traffic movements between the two states and particularly to Kasargod district having a sizeable population of Kannadigas to a grinding halt," Gowda wrote in the letter.

"I immediately wrote a letter to Yeddiyurappaji, the Chief Minister of Karnataka to make arrangements to permit goods movement and the passage of ambulances and other vehicles for any emergency. But authorities of Karnataka government appears to be very adamant despite the assurance given before the High Court," it added.

Gowda said that the situation is very grim since he learnt that four to five patients died for want of medical facilities since the ambulances ferrying the patients were denied permission to cross the border, to avail treatment from the hospitals at Mangaluru.

He also condemned the Karnataka government for denying access to medical facilities to people in Kerala.

"I very strongly condemn the attitude of the BJP government in Karnataka denying access to people from Kerala to avail medical facilities on emergency and also the movement of essential goods for the survival of the people and deprivation of such emergency services amounts to violation of human rights and opposed to all norms of humanity and humanitarian considerations," the letter read.
Gowda said he will take up the issue with Prime Minister Narendra Modi.

"I take this opportunity to assure you that I will take up this issue with the Prime Minister who had assured while imposing 21 days of lockdown that the supply of essential commodities will be maintained and hospital facilities will be kept open round the clock so as to prevent any untoward incident," he stated.