Traders bundh: No impact in city; CPI(M) stages protest

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.

New Delhi, Mar 6: The Supreme Court on Friday refused to entertain a plea seeking framing of a proper mechanism to deal with alleged misuse of the sedition law by the government machinery. A bench headed by Justice A M Khanwilkar dismissed the plea filed by a social activist and said it was open for the petitioner to approach the appropriate authority.

At the outset, the apex court told advocate Utsav Singh Bains, appearing for the petitioner, that he could not seek quashing of an FIR in a sedition case filed against the management of a Karnataka school for allegedly allowing students to stage an anti-CAA and anti-NRC drama.

Bains told the bench that he was not just pressing for a prayer to quash the FIR but the petitioner has also sought a direction for framing of a proper mechanism to deal with the alleged misuse of the sedition law.

"Let the affected party come and we will hear them. Why it should be done at your instance," the bench said, refusing to entertain the petition.

The petition had sought quashing of the FIR against the principal and other staff of the Shaheen School at Bidar who have been booked under sections 124A (sedition) and 153A (promoting enmity between different groups) of the Indian Penal Code.

The plea had also sought an apex court direction for a proper mechanism to deal with alleged government misuse of the sedition law.

Section 124A of the IPC says that "whoever brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards... the Government shall be punished with imprisonment for life...".

The plea had sought a direction to the Centre and the Karnataka government "to quash the FIR registered in connection of seditious charges against the school management, teacher and a widowed parent of a student for staging a play criticising CAA, NRC and NPR."

The petition had claimed that the police "also questioned students, and videos and screenshots of CCTV footage showing them speaking to the students were shared widely on social media, prompting criticism."

The drama was staged on January 21 by students of the fourth, the fifth and the sixth standard.

The sedition case was filed based on a complaint by social worker Neelesh Rakshyal on 26 January.

The complainant alleged that the school authorities "used" the students to perform a drama where they "abused" Modi in the context of the Citizenship (Amendment) Act and the National Register of Citizens.

Chamaranagara, Mar 29: As many as 595 Tamil Nadu-based fishermen, who were working in Mangaluru, crossed the Karnataka border and reached their state via Chamarajanagar on Saturday.

Police said following the lockdown, the fishermen had left Mangaluru in more than 20 vehicles. The fishermen crossed the Karnataka border through Punajur check-post. However, the vehicles returned after dropping them near Hasanur check-post in Tamil Nadu.

As the fishermen had no proper documents, they were stopped by Tamil Nadu Police. However, the police allowed them after screening. The Tamil Nadu government arranged vehicles to ferry them, said a police officer.