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
mande ijjandina marler naklu.... this cows issue came into highlights sine last 10-12 years, where were this RSS chaddis before that.... they dont have problem with eating cow, this people using cow as political issue for their personal gain....
If the cow is god y dont cow punish thm who done this
if we say in simple word if anyone brith and death he is not god and in this world no there who dont hve death everyone hve to face the death how come they are god even simple logic this ppl cant understand
Legalize beef everything is gonna right. Dakshina kannada and udipi police dpt. fit for perform duty as gowrakshak. Police from Goa and other states ruled by bjp are deprived from this opportunity.
It happens only in India......
In Europe, America, China, Japan, par Eastern countries.....millions of them used for lunch and dinner....don't you think they too are Gods for you....why don't you go and protest in front of United Nation to enact a law to stop it.....it require a lot of guts which you don't have it and all balls too....
India will not develop, it will remain like this forever....small thinking mind and heart....
Believe me it is not a fucking God at all.....
brutal assaults required on cattle thieves.
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