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.
During the meeting, Sonia expressed her unhappiness over the manner in which the State party leaders handled the controversy over Chief Minister Siddaramaiah's expensive wristwatch, the sources said.
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Remove both siddu and parameshwar from their respective positions. Allow new faces otherwise congress in the state will repeat the same result in state which happened with congress in the central. Siddu is responsible for Hebbal loss.
Well said Ibrahim, no need opposition party to Siddu/Cong when Parameshwar is there. Most Congis are more than Sanghis only diff is CHEDDI is covered in white Lungi/Pyjama.
G Parameshwara is unfit for any post.
Dr. Parameshwar is playing petty politics within Congress as he is eying on the CM post. Instead of his intentions of removing Sidda Ramayya, he should be removed from KPCC president post and Home ministry, as he handled MP Ananthkumar case very badly. His silence on Ananthkumar's rhetoric against Islam indicates that he is very soft to RSS/Saffron thugs.
The KPCC president should be without any ministerial portfolio and best candidate will be MLC Ugrappa. High command should take necessary steps and all vacant posts of Chairmanships and other to be filled with honest congressmen as soon as possible.
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