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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.

Kasaragod, Jul 26: First funeral, now wedding. Forty-three persons who attended a wedding at Pilankatta in Chengala panchayat in Kasaragod on July 17 have tested positive for Covid-19, said district medical officer (DMO) A V Ramdas.

They include the bride and the groom. Collector D Sajith Babu has asked all those who attended the wedding to go into home quarantine for 14 days. Those with Covid symptoms should get in touch with the nearest primary health centre, he said.

The DMO said samples of 128 persons linked to the wedding were tested, of which 43 turned out positive. Earlier, 44 persons who attended a funeral in Cherkala in the first week of July had tested positive. The funeral was declared a cluster and the government had to test 522 persons linked to the funeral.

The collector said those taking part in funeral or weddings without following the Covid protocol would be booked under the Kerala Epidemic Diseases Act. If convicted, they would face up to two years of rigorous imprisonment and a fine of `10,000. Kasaragod police said they will register a case in connection with the wedding. 

Pilankatta ward member Abdulla Kunhi K B said it was not a big fat wedding. The ceremony held at the bride’s house at Pilankatta was attended by less than 100 people, he said.“Theirs is a big family with four houses in one compound. 

As many as 30 members are staying in these houses,” said Kunhi. Nine of the 30 have tested positive.Of the 15 guests, who came from the bride’s mother’s house, 12 contracted the infection. “The rest of the infected persons were among the groom’s guests,” said Kunhi, who did not attend the wedding. The groom and the bride’s father returned from Dubai three months ago.

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