10 years after Mangaluru Air crash, SC awards Rs 7.64 cr comp to kin of one of the victims

News Network
May 21, 2020

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

A.Rahman
 - 
Friday, 22 May 2020

First of all  A Salute To Lawyer One Who Handled This Case Against Carriers Mismanagement Wrong Action.

 

Sure this is the second victory for the lawyer against arriers mismanagement.

 

Over all it is the sign  of a profesional ; qualified  eligble  lawyers efforts and right decision from a capable knowlegable judge. Suit case operating lawyers cannot handle such specilized cases.

They lawyer may handled rest of the vicitms cases or he not. But for his siincere efforts for the past ten years delcares whatn he  is. Am personally met him and  witnessed his court appearance  hope and wish him all the best and success .

 

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News Network
January 9,2020

Bengaluru, Jan 9: Primary and Secondary Education Minister S Suresh Kumar on Thursday said that the Education Department would launch a helpline by March 2020 to address the complaints.

Speaking to reporters here, he said, the helpline is not only for children but also for teachers.

"Entire department including teachers and parents can make use of the opportunity”, the minister said.

“The helpline can be called for any complaint related to the Education Department. Our objective is to resolve problems within a stipulated time,” the Minister said.

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News Network
April 18,2020

Udupi, Apr 18: The Adamaru Mutt and Mutt-owned educational institutions donated fifty five lakhs, fifty five thousand, five hundred and fifty five rupees to the PM-CARES Fund on Friday.

Sri Vishwakapriyattirtha Sripada, while donating the amount, delivered the message that in these difficult times in our country, the government has no sources of tax revenue but the cost of various departments especially public health expenses are increasing.

We leave three meals a week and distribute the money saved to those in need. We pray that India becomes the first COVID-19-free country in the world with all our efforts.

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News Network
May 12,2020

New Delhi, May 12: Air India is planning to operate 149 repatriation flights to 31 countries between May 16 and May 22 during the second phase of the Vande Bharat mission to bring back home Indians stranded abroad amid the coronavirus-triggered lockdown, officials said. During the first phase of the Vande Bharat mission, Air India and its subsidiary Air India Express are scheduled to operate total 64 flights between May 7 and May 14 to bring approximately 15,000 Indians from 12 countries on a payment basis.

"In the second phase, Air India and Air India Express will operate 149 flights to countries such as the USA, the UAE, Canada, Saudi Arabia, the UK, Malaysia, Oman, Kazakhstan, Australia, Ukraine, Qatar and Indonesia," the airline officials stated.

Other countries to where the national carrier would operate flights between May 16 and May 22 are Russia, Philippines, France, Singapore, Ireland, Kyrgyzstan, Kuwait,

Japan, Georgia, Germany and Tajikistan, officials noted.
The flights during the second phase will also be operated to Bahrain, Armenia, Thailand, Italy, Nepal, Belarus, Nigeria and Bangladesh, they mentioned.

India has been under lockdown since March 25 to curb the spread of the novel coronavirus, which has infected more than 70,000 people and killed around 2,290 people in the country till now. All scheduled commercial passenger flights have been suspended for the lockdown period.

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