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
"If you cant Convince them, then confuse them."
This is what these Yogi, Yedyurappa and Shoba doing nowadays. they cant convince people on their good works to society so plan B is to confuse the people by shouting day and night blaming and hate speech. I wish the public understood these peoples dirty minds and thrown them to a planet where they can find their match. And never to return so we can live a happy life.
Ms Shoba,
You want to be remineded that how our PM had not only misused but also made fun of government machinaries during gujarat election rallies. Do you have a little shame on talking on this issue.
This HARAKU BAI Shobakka a perfect ally of KOLAKU BAI Eiswarappa, ready to set Karnataka on Fire for Chair. What a dirty politics!!
The cow always looking another cows -------- and laugh i/o of covering own ----- . This lady with same policy
no interest about development and good governance only stick with her nagpur HQ command for communal clash.
SHOBAKKA WHAT ABOUT THE FEKU'S INTERNATIONAL TOUR MONEY
Dear Sobakka,Reimburse money spent on PARIVARTAN YATRA and Feku's rallies.
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