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
Muslim organisations felicitate State BJP Chief Nalin Kumar
I want to know from them wat was the need for this. Has this helped the ordinary Mangalore Muslims in anyway. I would not have asked abt this if the program was conducted in your house. But here it is done in the name of Muslims. We need to stop being intellectually dishonest
Young energetic Muslim brothers present in Dk ,please note we need young leaders to lead us . Wake up ... and take over .
We respect ur decision sir.
But there are a lot of questions about it on people's mind.
We need to be updated about ur next plan of action.
Are u planning to approach the court for gaining the permission from the police, bcoz otherwise I don't think we will get the permission
Secondly, a few days back I wanted to contact Muslim central committee office to confirm if the protest Wil be there. I googled for the no, but the no. did not exist. Does that mean the Muslim central committee does not have an office or telephone no????
This only shows how organised we are.
Requesting Muslim central committee to get their house in order. Get more professional. Also consult people to utilise various platform to responsibly collect funds from so many ordinary bearys who want to donate money, but don't know whom to send it to.
We need an action committee to handle such situations. It must consist a battery of lawyers to fight the cases filed by the police.
If our leaders are old, they need to groom new leaders into the committee.
Moreover, it is important to question these so called leaders about their fecilitation program conducted for making kateel wen he won the election. Wat was the purpose of such fecilitation. Becoz I don't think he gives a damn when our community suffered. I question, whether all this is done in our name only to gain your contact and flourish ur business???
Never ever dare to do so in the name of Muslims
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