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
No need to point thier members, they all are the wings fo desh drohi RSS. In Karnataka all will epxerinece their
communal and hate speeches only for vote bank. They might think by the name of cunning religion and caste polcy they will succeed to devide our Great country. In INDIA normal citizens will never accept RSS groups policy to accept their upper caste and lower caste Hindu policy and targeting other religion.
Rest of the Nations are living peacefully with all religion why can't we .
India is the only country in the World fight against dirty british invader with Non Voilance. For that we all to salute the great man Mahthma Gandhi. RSS criminals never supported or they parcitipated during nation freedom strugle with dirty britishers. Now they are looking to devide our Nation but never, hence we all have to stand together ; be unite to save our NATION form these evils. Then no time very shorlty their organization and their criminal institutions will be vanished from all corners of NDIA.
Jai Hind! Jai Karnataka !
These disgraceful caste based un secular Muslim appeasing Sid Ra Miya of Conning-ress, is equating Bajrang Dal & RSS with some of the parties (A--i Na---al) which it sponsors, RSS has proved for many years that it is a party doing many social services, this cheap fellows will be in power for barely another 4 months
CM has problem in a mental stablity ot he is drunk should we call for ban for Congress Muslim party who looks for their votes
Sid RA Miya, Conning-ress, & Parakasha Rai/Raj are already Hob Nobbing with PFI, SDPI, & many similar organizations directly & clandestinely
@Mangalurean. Very few sane, Hindus, have such guts. Others all are chameleons..and turn color whenever get a better chance.
I wish, he was not in Congress, which helped RSS grow into such a giant organization and now a school of teaching hatred to innocent common Hindus.
Salute. Many common Hindus feel the same way, unless they are in politics.
So the President, Vise-President and the Prime minister are terrorists? India is a terrorist country now then. This idiot will be shown his place in the next election.
BIG sallute to Siddaramaih!!
HE the CM of Karnataka has guts to speak the truth of hidden Agendas of against our nation as well Karnataka...!
in fact who killed the BOMBAY POLICE CHEIF of Mumbai, its RSS becouse very soon he wanted to open mouth of big shots who are enjoing the government protocol and security today..
Almost all leaders and prominents in India are THUGS but some also TERRORISTS.
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