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.
As per new rules consumers can take one hand bag, weighing seven (economy class) or 10 kg (business class), a laptop bag. Women can carry a purse as well without any charge. Anything beyond this will be charged at Rs 900.
Comments
They should also add Cow Tax like Rajasthan?
ACCORDING TO AIRLINES THIS IS NOT FOR REVENUE GENERATION. THEN THIS MONEY WILL GO TO WHOM? WHO WILL UTILIZE THIS AMOUNT.?
JAI HOOOOO
This is SOOFI story
Soofi helida xxxxx vishaya
first of all let them correct the delivery of check in baggage on time . my trip to mangalore on 6 jul on eid day flight no 9w 501horrible . after finishing imigration formalities it was surprised to hear that pax luggage not available on belt and after few hours 9w staff informed us no more baggage is today's flight, come and collect in the next flight next day it was all my eid day items from clothing to sweets and bottled juices next when i went to collect my baggage it was fully broken and spoiled. when i complained to 9w staff she said sorry sir........now this drama
Good move....... to make the journey comfort..... If the Passengers have excess baggage, they can use cargo facilities.... Just plan in advance, and dispatch the cargo well before departure, and make ones and others travel enjoyable ..
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