Ullal: Murder attempt on youth; locals chase, catch one of the accused

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.

Kathmandu, Feb 12: Nepal has suspended the licence of a mountainous resort for three months due to poor security management and managerial weakness at the hotel where eight Indian tourists, including four minors, died of possible asphyxiation, according to media reports.

Kathmandu: Nepal has suspended the licence of a mountainous resort for three months due to poor security management and managerial weakness at the hotel where eight Indian tourists, including four minors, died of possible asphyxiation, according to media reports.

Tragedy struck a group of 15 tourists from Kerala when eight of them died on January 21 due to possible asphyxiation after they fell unconscious probably due to a gas leak from a heater in their room at a mountainous resort in Makwanpur district.

The tourists were airlifted to HAMS hospital here where they were pronounced dead on arrival. Makwanpur police said the victims might have fallen unconscious due to asphyxiation.

The Department of Tourism on Sunday imposed a ban on the operation of Daman-based Everest Panorama Resort for three months based on the report submitted by a probe committee formed to investigate the death of the Indian tourists from Kerala, the Kathmandu Post reported on Tuesday.

The department decided to shut down the resort as the report submitted by a probe committee pointed out poor security management and managerial weakness at the resort for the incident, it said.

The Ministry of Culture, Tourism and Civil Aviation had formed the probe committee under Surendra Thapa, the director of the Department of Tourism. After a field inspection, the committee had submitted its report a few days ago, pointing to the shortcomings of the resort.

During the investigation, the committee found the resort had not been following the recommended safety measures and was providing substandard services to its guests, The Himalayan Times reported.

Moreover, the committee discovered that the resort had not fulfilled the criteria set by DoT to be categorised a 'resort', it said.

Mira Acharya, director of DoT was quoted as saying by the report that the resort's operations have been halted as per Section 15 of Tourism Act-1979.

"If the resort owner wishes to resume services after three months of suspension, the resort should be upgraded as per the Hotel, Lodge, Restaurant, Bar and Tourist Guide Rules-1981 and also meet the criteria mentioned in a notice published in the Nepal Gazette under the title 'Hotel Classification and Criteria'," Acharya said.

She added that the resort would also have to undergo the Environment Impact Assessment to get the permission from DoT to resume operation.

Meanwhile, the resort management has said that they will work towards meeting the standards fixed by the department and run the resort efficiently.

"We will work towards meeting the standards fixed by the department and run the resort efficiently. We are saddened by the tragic incident. We will ensure that such incidents don't occur in the future,” said Sudesh Gautam, the operator of the resort was quoted as saying by the Kathmandu Post.

The group, after travelling to Pokhara -- a popular mountainous tourist destination -- was on their way back home and stayed at Everest Panorama Resort in Daman.

Those who were killed were Praveen Krishnan Nair, his wife Saranya Sasi and their three children and Ranjith Kumar Adatholath Punathil, his wife Indu Lakshmi Peethambaran Ragalatha and their son.

Everest Panorama Resort was established 28 years ago in Daman Simbhajyang area, a tourist destination in Bagmati Province. The tourist numbers, according to Thaha Hotel Association, have plunged after the tragic accident of January 27.

Bengaluru, Feb 17: A combative ruling BJP is bracing to face the onslaught of the opposition Congress and the Janata Dal-Secular (JD-S) in the year's first legislature session beginning on Monday.

"We are ready to counter the opposition parties on any issue they want to raise or discuss, keeping in view the spirit of fairness in a democratic set-up, as we have the numbers to provide a stable government," party's state unit spokesman G. Madhusudhana told news agency here.

Ahead of the 3-day session, the BJP's legislature party met here under the leadership of Chief Minister B.S. Yediyurappa to chalk out its strategy to address issues, move bills and present the state budget for fiscal 2020-21.

"We hope the Congress and JD-S members will allow Governor Vajubhai Vala to address the joint session of the legislature on Monday and not disrupt his speech or walkout of the House before he concludes to maintain the dignity of his office," Madhusudhana said after the BJP meeting at a private hotel over dinner.

The legislature will resume the month-long budget session on March 2 with a special discussion for two days on the Constitution, markings the 70th year of its adoption and enforcement.

About 100 legislators, including the three Deputy Chief Ministers, the newly sworn-in cabinet ministers, council members and party's state unit members participated in the 2-hour long meeting.

"Yediyurappa, who also holds the Finance portfolio, will present the state budget for fiscal 2020-21 on March 5, which will be the fifth time as the fourth Chief Minister in over a decade," the official said.

Both the Houses will deliberate on the budget proposals and pass it by March 31.

In the 225-member Assembly, including one nominated, the ruling BJP has 117, opposition Congress 68, Janata Dal-Secular (JD-S) 34, Bahujan Samaj Party (BSP) one, Independents 2 and vacant 2.

Buoyed up by winning 12 of the 15 seats in the December 5 assembly by-elections, the party is confident of passing the finance and other bills, as it has the support of 119 members, including 2 Independents in the lower House.

"There is no threat to our government, which will complete the remaining 3-year term of the Assembly till May 2023. Yediyurappa has already won the majority test on July 29, 2019, three days after he took office for the fourth time," Madhusudhana said.

The Congress, however, asserted that it would raise the alleged misuse of police against the opposition members, anti-CAA protestors and minorities.

"We will question the morality of the government in making a tainted legislator like Anand Singh a forest minister when a dozen illegal mining cases are pending in the courts," a Congress official told news agency.