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.
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If Owaisi compains for jds and bsp, he will lose the respect what we kannadigas have in him. He is being used by these parties only to divide muslim votes and alternatively support bjp. In case Owaisi did so, it will be very clear that he is hidden agent of bjp. If actually he needs betterment of muslims, he should keep away from Karnakataka elections. |this is our sincere advice to Mr. Owaisi otherwise we will support or respect him any more. Besides this if he comes to karnataka, i reqeust muslims to welcome him by rotten eggs and black flags. Let him understand that this is not Hyderabad. Why is he showing double standard? Why cant he stand in one boat. He should not try to be another Mir Jafar or Mir Qasim. I was a fan of him, but if he comes to karnataka on the hidden agenda of bjp, i will disrespect him for ever and will not consider him as a sympathisers of Muslims. He will do it for his own benefit. In every speech he speaks about unity in Muslims but he himself is going against it. I doubt he will keep on his popularity and may lose next election in his own constituency and AIMIM will also be thrown out. Hope Owaisi will understand the situation and take back his plan to visit karnataka to divide muslim votes.
Mr. Owaisi, try to follow one ideology. Dont spread your leg in two boats at the same time, you may fall down
He only denied the campaign offer before. Now again..
Double Standard guy, we know about you and we know about your dealing With BJP president Amith Shah close door meeting , do not try to fool Kanndaigas , we are very clear whom to vote ...........
Wonder land man from wonderland AIMIM looks not Indian degree, may be United Kingdom Degree after MIMIM this is Masters degree to the wonder Owaisi!!!!! any way he is the Gate way of "Devide and Rule" good money bai sabb, you divide or Sale no problem, we need our comission, he did in Uttarpradesh, Bihar now he came to Karnataka, no worries "Every Dog has its own day Bai sabb" I am sure Kannadians will not listen your stupidity
Jai hoo Siddaramanna
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