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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.

Newsroom, Jan 26: An Indian Muslim youth who had applied for a job in Dubai has been left aghast after his prospective employer, who happens to be an Indian, mailed back chiding him for looking for work and suggested that he should make a living (sic) by joining anti-CAA protestors in Shaheen Bagh in New Delhi.

Shaheen Bagh is the epicentre of ongoing mass demonstrations against contentious Citizenship Amendment Act.

Abdulla S.S, a 23-year-old youth from Kerala, who had applied for a mechanical engineer’s position in Dubai said he is still reeling from the shock of the email he got from UAE-based Indian expat Jayant Gokhale in response to his job application last week.

Hostile response 

“Just a thought. Why u need a job? Go to Delhi and sit in Shaheen Bagh for protest. Every day you will get Rs 1000. Free food i.e Biryani, Unlimited amount of Tea and Milk, some time sweets also,” Gokhale said in the email which has since gone viral.

Scores have shared the email on social media seeking action against Gokhale who runs a consultancy in Dubai. Many said the email is offensive on two counts. First, it ridicules and discriminates a job seeker on the basis of his religious identity and, second, it undermines the credibility of Shaheen Bagh protestors by suggesting that they are being paid to sit in.

Abdullah said he’s sad and appalled. “I shared Mr Gokhale’s email with some friends. Who would have thought it would go viral. I don’t want any controversy. All I want is a job,” he was quoted as saying.

Gokhale apologises

“I am suffering from ill-health and undergoing dialysis. My email is being blown out of proportion. I didn’t mean what I wrote,” Gokhale was quoted as saying by a Gulf based newspaper. 

“My message to candidate was not intended to hurt anyone in any manner or discriminate. I have already sent apology message to the concerned person [Abdullah],” he said in the email reproduced here ad verbum. “I very much value UAE’s outlook, policies and culture. I do not in anyway like to go against values of UAE. In fact I am very thankful to UAE for looking after my health,” he added.