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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The biggest weapon of RSS is spreading lies and hatred. Who can stop that N Bomb?
Oh this big mouth minister from Left, I being a person from Kerala really know truth. CPIM uses their offices and politcians house to store arms. CM Vijayan and this fellow wanted to have special darshan tickets in Sabarimala and when it was shot down.... all this stories
Raid all mosques, churches and temples and check for arms
Bamboo Sticks/ Lathis are not Weapons. Donot get Bogged down. They cannot use weapons to hurt. They just open their mouth and shout
Time for Hindus to take back Kerala and Kashmir.
Chief Minister should order police raids on these arm stores and recover the arms, and install CCTV cameras to monitor the activities round the clock. CM needs to substantiate his allegations with proof. I fully agree with his view that no religious ceremony should take place during any official function, it has no place in secular democracy. Our constitution gives every citizen right to practice religion of his or her choice freely but not at state level. State has no religion.
Here is a Minister for Temples Administration. He defines a temple as a centre for traditions and beliefs. Sorry Comrade , a temple is a place for worship of God. If it is only a place of tradition and faith, there is the danger of it being appropriated by the communist Party, which has both tradition and faith. No temple in Kerala will allow storing of weapons within, may be in its offices or quarters of staff. Is it a plan for the commies to violate the sanctity of the temples?
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