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

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News Network
March 13,2020

Bengaluru, Mar 13: India has registered the first confirmed case of death due to novel coronavirus. A 76-year-old man from Karnataka's Kalaburgi who passed away recently has been tested positive for Covid-19.

The doctors had suspected that the man had coronavirus, however, the test had not confirmed it.

In an official notification, a senior health official in Karnataka government Dr Suresh Shastri said that the lab test has confirmed that the deceased man had Covid-19.

"The 76-year-old man from Kalburgi who passed away and was a suspected COVID 19 patient has been confirmed for COVID 19. The necessary contact tracing, isolation and other measures as per protocol are being carried out. Telangana government has also been informed since he went to a private hospital there," Dr Suresh Shastri said.

The same information was also shared by Karnataka health minister B Sriramulu.

A senior Union health ministry official said in New Delhi that the death of the man had visited Saudi Arabia from January 29 to February 29. The official said the man had reached in Hyderabad on February 29 and went to Kalaburagi in Karnataka.

State Joint Director (Communicable Diseases) BG Prakash Kumar said all protocols were followed for disposal of the body.

"The body is disinfected completely and disposed of as per the Government of India guidelines," he added when asked to elaborate on the protocols.

He said the Telangana government has also been informed as the man had gone to a private hospital in Hyderabad earlier.

While announcing the death of the man on Tuesday, the state authorities had said the exact cause his death was being ascertained.

According to the Union health ministry official, "While he was asymptomatic on his return (from Saudi Arabia), he developed symptoms of fever and cough on 6th March. One private doctor visited him at his home and treated him there."

"On 9th March, the symptoms got aggravated and he was shifted to a private hospital in Kalaburagi. In this private hospital, he was provisionally diagnosed as 'mid-zone viral pneumonia' and 'suspected Covid-19'," the official said.

"The sample was collected on March 9... Without waiting for the test results, the attendees insisted and the patient was discharged against medical advice and the attendees took him to a private hospital in Hyderabad," the official said.

The patient was admitted to a private hospital in Hyderabad and treated. He died on Tuesday when he was being brought back to the Gulbarga Institute of Medical Sciences (GIMS) in Kalaburagi.

Apart from the deceased, Karnataka has confirmed five other positive cases of the novel coronavirus. The fifth case, confirmed on Thursday is of a 26-year-old man who recently returned from Greece.

The patient has been admitted and isolated at a hospital and his condition is stable, a department media bulletin said.

The day also saw the education department declaring summer holidays for students from kindergarten to class six and study leave for higher classes in the city as a precautionary measure.

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News Network
February 3,2020

Mumbai, Feb 3: Maharashtra Chief Minister Uddhav Thackeray has accused the BJP-led central government of siding with Karnataka in the Supreme Court over the Belgaum border dispute between Karnataka and Maharashtra.

"I am committed toward a unified Maharashtra... Whatever is happening in Belgaum is shocking. I will meet the committee looking after this matter. The central government is a guardian of all states and is expected to be unbiased towards all states, but it is shocking that Centre is taking sides with Karnataka in Supreme Court for last the five years. This is really shocking," Thackeray said in an interview with Shiv Sena mouthpiece Saamana.

On December 7 last year, Maharashtra Chief Minister Uddhav Thackeray had chaired a high-level meeting over the border dispute between the two states.

It was decided in the meeting that attempts will be made to get fast track hearing on the border issue in the Supreme Court.

Earlier on January 19, Shiv Sena leader Sanjay Raut had said that Belgaum border dispute between Karnataka and Maharashtra is a long-pending dispute but can be resolved if Union Home Minister wants.

"If Home Ministry can resolve Kashmir issue and abrogate Article 370 then I think this border issue can be resolved too if Amit Shah wants. The matter comes under the Home Ministry. It is a long-pending issue. He should pay attention to this too," he said while speaking to ANI in Belagavi.

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News Network
March 11,2020

Bengaluru, Mar 11: Heated verbal exchange between Minister K Sudhakar and former Speaker K R Ramesh Kumar in the assembly over disqualification of 17 MLAs last year, continued to disrupt the proceedings on Wednesday, with both opposition and treasury benches pushing for a privilege motion and demanding action.

Chaotic scenes and adjournments marked the House proceedings, with both sides not ready to budge.

As the House met for the day, around 11 am, senior Minister K S Eshwarappa accusing Congress MLA Ramesh Kumar of using "expletive" during a debate last evening, demanded his apology and that he be kept out of the proceedings.

Sudhakar, against whom expletive was allegedly used by Kumar, said, the words used were unpardonable and he should be heard, as he has given notice.

Leader of Opposition Siddaramaiah then demanded that he be allowed to speak first as he had given notice on Tuesday itself.

The Congress leader on his part has accused Sudhakar of breaching Kumar's privilege by allegedly making derogatory remarks against him.

Intervening, Speaker Vishweshwar Hegde Kageri said he has received breach of privilege notice from both sides and would allow it only after the question hour as per rules.

Though Congress expressed its agreement with the Speaker about letting them raise the matter after question hour, BJP legislators including Ministers said, Ramesh Kumar should be suspended.

Pointing out that Kumar was not inside the House, some ruling party MLAs even called him "escapist" and demanded action against him.

Strongly objecting to it, Siddaramaiah questioned the ruling party's intentions in running the house smoothly.

As this was followed by heated arguments between both sides, the Speaker adjourned the House for 15 minutes.

When the house met after much delay at 12:55 pm, the chaos continued.

As the Speaker allowed Minister Jagadish Shettar to speak, who was requesting permission to raise a point, Siddaramaiah objected to it and said he had given notice first.

He said, "this is not correct, it looks like government doesn't want the House to function, they don't want discussion on the budget, they are purposely blocking the proceedings of the House".

However, some BJP MLAs reacted to this by shouting slogans "shame shame Ramesh Kumar".

As his repeated attempts to conduct the proceedings failed, the Speaker adjourned the House for lunch.

Sudhakar, while speaking during a special discussion on the Constitution on Tuesday evening had made critical remarks against the decision of Kumar, as speaker, to disqualify 17 Congress-JD(S) MLAs under the anti-defection law, including him.

Angered by this Kumar, who opposed discussion on the subject, amid heated argument between BJP and Congress members allegedly uttered the expletive, which aggravated the situation and had resulted in pandemonium in the House last evening.

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