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
Communal ideology was kept in the freezer for more than 70 years by Nehru and Congress. Because of its Secular credentials, India got good name and fame in the world. Also India is developed much better than its neigbors under the Congress rule. Now the Communal forces are started to come out but mean time it is out dated. People do not want division in the name of religion and silly politics. We are not going to achieve anything by commenting on history nor we cannot blame any one what is happened in the history. What people need is : Good Hospitals, Schools and colleges, Electricity, Jobs, Good Roads - People need peaceful and comfortable life. Not this hell kind of Beef, Mandir Masjid politics. Any party should realize, people will vote for them just by raising these issues, they are only dreaming. Remember people voted Modi for Development not for Hindu Muslim politics. Any governemnt, please concentrate only on providing peaceful and comfortable life for the citizens of India. Nobody interested in Silly politics. Ultimately people will vote only to those who brings developments and non corrupt.
Yes. If you are the real man and have guts reveal the true histoty. Not Chaddi history.
Tipu sultan Jayanti invites you to to print the name of the Tiger and not the rat' s name.
Add new comment