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
May 29,2020

Bengaluru, May 29: A cost-effective state of the art glove box testing booth for swab collection was inaugurated by Karnataka Medical Education Minister Dr K Sudhakar at Victoria hospital.

Inaugurating the specially designed booth for safer, easier and quicker testing, Medical Education Minister Dr Sudhakar said that the portable booths can be used at border check posts and hot spots.

"The testing method involves the collection of samples from inside a box of aluminium and glass. The suspected corona virus-infected individual, whose samples are being taken, has to walk up to the booth and stand in front of the glass exterior. The healthcare worker inside the kiosk collects the sample and then, follows the sanitisation process before proceeding to take the next sample. The collection process, fully contactless, gets over in five minutes," the Minister said.

Dr Sudhakar also said: "This booth significantly reduces manpower requirement and the need for PPE kits. The main advantages of this procedure are that it needs fewer healthcare workers and strictly adheres to the norms of social distancing. 

The booth is low-cost. Each model costs about Rs 15,000-20,000."
It is also portable and can be mounted on a vehicle and transported to any location.

It can be particularly useful for collecting samples in hot spots and border checkpoints, he added. 

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News Network
February 18,2020

Bengaluru, Feb 18:  A fan of Kannada film star Darshan smashed the face of a police constable with a boulder when the latter asked him to come in the queue to a party to celebrate the star’s birthday.

The incident happened past midnight on February 15 near the residence of the film star where his birthday was being celebrated.

The injured police constable has been identified as Devaraj, attached to the Jnana Bharathi police station.

The film star’s managers had not made arrangements to handle a huge crowd that gathered near his residence and police had a tough time controlling the crowd.

Constable Devaraj was deputed to duty at the party and tried to get the crowd to fall in line.

As the police carried out a mild lathi-charge to control the crowd, a fan of Darshan came up with a boulder in his hand and smashed the face of the constable Devaraj from very close distance. The constable collapsed on the spot and the attacker ran away.

The impact was such that Devaraj’s nose was fractured and he sustained an eye injury. He was admitted to a private hospital and his condition is said to be serious.

The R R Nagar police have registered a case under IPC sections 353 and 352. The cops have launched a hunt for the accused and they are obtaining CCTV footage from the spot.

A complaint is being registered against the organisers of the event and an investigation is on. Several neighbours of Darshan have also complained to the police about the chaos on February 15.

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News Network
January 6,2020

Jan 6: A Thane resident lost a little over Rs 1 lakh in an online fraud involving popular payment gateways, police said on Saturday. The complainant, a resident of Patlipada, wanted to sell his furniture and posted an ad on Facebook on December 21, an official said.

On December 24, he received a call from one Rajendra Sharma who offered to buy the furniture and wanted to transfer the amount through payment gateways — Paytm and Google Pay, he said.

However, instead of the money getting credited to his account, the complainant found that Rs 1.01 lakh were debited from him during three transactions on two payment gateways, the official said.

The complainant realised that he had been cheated when the accused assured that he would return the money and asked him for another account number, he added.

An offense has been registered against the unidentified accused under section 420 (cheating) of the Indian Penal Code and Information Technology Act and further investigations are underway, he said.

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