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
T?ank? for a marvelous posting! ? s?riously
enjoyed ?eading it, you are a gr??t author.? will be
sure to bookmark your blog and will eventually ?ome back sometime s?on. I want to encourage that you continue your
great writing, ha?e a nice day!
Chec? out my web-site: Residential
Fences: http://Ixly.gotoip1.com/comment/html/index.php?page=1&id=409957
I'm not sure exactly why but this weblog is loading extremely
slow for me. Is anyone else having this problem or is it a problem on my end?
I'll check back later on and see if the problem still exists.
My blog; wireless
doorbell camera reviews: http://jtvx.kr/?document_srl=561063
It's truly a nice and helpful piece of information. I'm glad that you simply shared this useful
information with us. Please stay us informed like this.
Thank you for sharing.
Here is my webpage :: kidde carbon monoxide detector reviews: http://gudascarpentry.com/eight-effortless-energy-efficient-guidelines-…
Flu-like symptoms for four days, fever and cold shivers, stiff joints, headache
and sore throat.
My blog ????
??????? ???? ??????: http://letstango.in/component/k2/itemlist/user/85456.html
This is the right site for anybody who would like to understand
this topic. You know so much its almost hard to argue with you (not that I actually will need to…HaHa).
You definitely put a fresh spin on a topic that's been discussed for
decades. Great stuff, just excellent!
my page: payday advanced: http://www.wsep.co.uk
Governments didn't simply use posters to drive
their message residence; learn the way standard World Conflict 1 songs
played an element in propaganda.
Feel free to surf to my page ... quiz games online for girl: http://fernandezdnsv.hazblog.com/Primer-blog-b1/nell-On-Hubpages-b1-p16…
Very good post. I absolutely appreciate this site. Continue tthe good work!
My site farming simulator 2016 (Allan: https://farmingsimulatorgames.imgur.com/)
Antihistamines may also dry up mucus, however I don't recommend taking them for more than a few days
if you do not have allergies.
Feel free to surf to my homepage quiz 11 cold war: http://www.ipernity.com/blog/1741590/edit/3915206
Probably the absolute best source I have found to Buy
Matcha Green Tea Powder to find out for yourself
and get much more information about Health Benefits of Matcha
Tea,. Vitamin E prolongs the life of red blood
cells and promotes cell respiration and is
reported to be the anti-aging vitamin. Following are some top recommended herbal treatments for preventing acne and nourishing skin cells.
my blog post; Jual Jiang Zhi: http://farmakita.com/tag/jual-jiang-zhi-tea-murah
Add new comment