Setback to DK Shivakumar as HC refuses to stay ED summons

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.

Udupi, Jul 16: With two deaths in a single day, and receiving coronavirus positive report of a person who died two days ago, Udupi district’s covid-19 death toll today mounted to eight. 

A-49-year-old resident of Udupi, was admitted to Ajjarkad government hospital for other ailments. He was suffering from multiple health issues like diabetes and respiratory problems.

Last night he was tested positive for coronavirus and hence he was shifted to Dr TMA Pai COVID hospital in Udupi where he breathed his last today. 

A 54-year-old man from Maravanthe in Byndoor taluk, who was suffering from asthma, today died while being taken from one hospital to the other.

He was admitted to a private hospital in Kundapur on the evening of Wednesday. Today he was being shifted to Manipal hospital. However he breathed his last half way through.  

His body was taken back to Kundapur and throat swab of the deceased was sent for testing. As the sample of the deceased person was taken using rapid test kit, his report was available within half an hour and it showed positive for covid-19. 

Meanwhile, throat swabs of a man from Ankola in Uttar Kannada district, who passed away in Manipal Hospital on July 14, were tested positive today. His funeral was held at the Beedinagudde crematorium as per the COVID norms.

Mangaluru, Jun 21: A total of 51 private hospitals and medical colleges empanelled under the Suvarna Arogya Suraksha Trust (SAST) have been allowed to treat Covid-19 patients in Dakshina Kannada and Udupi district. Among them 30 are in Dakshina Kannada and 21 are in Udupi. Here is the full list:

Also Read: 518 private hospitals across Karnataka can now treat covid patients