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
what you know about HAJJ, first you try to learn your religion man you maron...you know in veda says there is no image of GOD, dont follow donkey, follow hindu scripture, first of all dont know what is hindu religion and goes to show finger on MUSLIM, look at you face in mirron and ask yourself do you following GODs religion or Devil religion...who is your god bootha or pure GOD.
dont act like maron of hindu community, think before comment, any thing happens to hindu then they blame muslim, what a joke,,there is saying that 80% dogs are worried about 14% lion in forest..haha
yo naresh, first try to learn veda the hindu scripture. which says there is no image of god..if you follow poojari then go to hell, who told muslims are not allowed, did you went any time to masjid to see how it is operated. you maron always behind bar and worship stone, how will your brain develop..first try to become good hindu then you can point muslim.
In most of the masjids having seperate place for woman also... better at least provide seperate way for hindu woman in temples to avoid mingling .... above judgement is on internal issue of hindu custom issue , why dragging muslims to it ?
According to North states' people and BJP people, there is a chance of flood again in Kerala, becuase SC challenged GOD. Those north state fools said that Kerala Flood was aftermath of Sabarimala verdict. Even RBI official backs the statement
Actually 99 percent of women in Kerala following the rule. They are waiting for their turn. Its like hajj. You people wont understand that. Some fools filed petition in order to destroy Hindu religious customs and traditions and muslim lawyer advocated for that. Now everything perished
Silly issue got more hype.
All bloody activists wants to destroy Hindu religion thats it. They won't raise voice against inequalities in Islam. They won't question their customs.
So called activitsts not protesting against inequalities among muslims. Why muslim girls cant enter in to mosque for offering namaz. Why they have seperate one.
Gender equality won
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