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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coastaldigest.com web desk
June 5,2020

Mangaluru, June 5: A local businessman was hacked to death while two of his relatives suffered critical injuries in a broad daylight attack by a group of miscreants at Mulki on the outskirts of the city today.

The victim has been identified as Abdul Lateef (38). He was proprieter of Align Gold, Moodbidri. His wife is an advocate in Moodbidri. 

Abdul Lateef's father-in-law Muneer and latter's son Hayat suffered stab injuries. They are undergoing treatment at a hospital in Mangaluru. 

The attack took place near the Vijaya Bank in Mulki. 

According to sources, a gang of miscreants stabbed all three. While Abudl Lateef succumbed to his injuries, the other two are responding to the treatment. 

Police have registered a case. Investigations are on. 

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News Network
January 7,2020

Kochi/Thiruvananthapuram, Jan 7: The Managing Director of Muthoot Finance company was injured after miscreants allegedly pelted his car with stones here on Tuesday morning following which one person was reportedly taken into custody.

George Alexander Muthoot, who suffered head injury has been admitted to a private hospital, police said.

A section of employees have been agitating against the Muthoot management over dismissal of 160 staff from the company's 43 branches across the state in December.

The protest is being held under the aegis of the Centre of Indian Trade Unions (CITU).

While the Muthoot management alleged that "CITU goons" were behind the attack that occurred at around 9 am in front of IG office here, the union leaders have maintained that they have no role in the incident.

Reacting to the incident, Labour Minister T P Ramakrishnan said he does not think any of the Muthoot employees were behind the attack.

"The employees were protesting peacefully. Violence is not part of their protest. Even now, in today's incident, I don't think any of the Muthoot employees attacked the MD.

However, it was the management of the company which had always provoked them by not implementing the decisions taken at conciliatory meetings," the Minister said.

If the management was prepared to change its stance, all the issues would be resolved, he said.

CITU leader Ananthavattom Anandan told reporters that they do not believe in such type of violent mode of agitation.

An official of the Confederation of Indian Industries Kerala chapter condemned the incident, saying "it is a matter of great concern".

Well known businessman and founder chairman and CEO of V-Guard Industries, Kochouseph Chittilappilly condemned the attack and said it was unfortunate that such incidents still continue in the state.

“Earlier also such incidents have taken palace. It's highly condemnable. The union leaders will now claim that the incident took place without their knowledge. But without the backing of union, such incidents will never happen,” he said.

Kerala-headquartered Muthoot Finance is the largest gold financing company in India.

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News Network
January 1,2020

Bengaluru, Jan 1: Elaborate security arrangements have been made in view of Prime Minister Narendra Modi's two-day visit to Karnataka on January 2 and 3, officials said.

The Special Protection Group officials had a meeting with state government officials, especially the police regarding the security arrangements.

During his stay in Tumakuru, drones will not be allowed and anybody violating the direction will face stringent action, said a notification issued by Deputy Commissioner of the district Dr Rakesh Kumar.

According to the tour itinerary, the Prime Minister will reach Bengaluru on January 2 and fly to Tumakuru by a helicopter to visit Sri Siddaganga Math.

PM Modi will later take part in the Krishi Karman Awards function at the Junior College grounds where he will address a gathering and distribute fishing equipment, a government press release said.

The same evening he will return to Bengaluru to visit the Defence Research and Development Organisation. He will stay at the Raj Bhavan.

The next day, the Prime Minister will inaugurate the 107th Indian Science Congress at the Gandhi Krishi Vignana Kendra Campus at the University of Agricultural Sciences in Bengaluru, before flying to New Delhi in the afternoon.

To oversee the arrangements, Chief Minister BS Yediyurappa visited Tumakuru on Tuesday and held a meeting with officials.

Speaking to reporters later, Mr Yediyurappa said PM Modi will reach Siddaganga Math at 2.15 p.m where he will pay his obeisance to the seer there.

He will be in the town till 5.30 p.m on January 2, he added.

"Later, he will take part in the Krishi Karman and Krishi Samman Awards function which about 1.5 lakh people are likely to attend. He is going to give awards to 28 progressive farmers from 21 states," said the Chief Minister.

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