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
June 17,2020

Bengaluru, Jun 17: Amid rising COVID cases in the past two weeks, the Karnataka government is planning to increase testing capacity to 25,000 samples a day, said a minister.

"Due to increase in cases in the last two weeks, the government is trying to scale up testing to 15,000 to 25,000 samples per day," said Medical Education Minister K. Sudhakar.

He said people living in crowded places, sanitation workers, street vendors, healthcare workers, police and other frontline staff would be extensively tested.

"It has also been decided to mandatorily test all those who have symptoms of Influenza Like Illness (ILI) and Severe Acute Respiratory Infection (SARI)," he said.

Similarly, all people over 50 with ILI symptoms will be tested.

The health department will also randomly test samples in old containment zones to make sure that the infection is not recurring.

Currently, there are 72 Covid testing labs in the southern state, 41 government operated and 31 private labs.

However, for a few days, the number of Covid tests in the state have plummeted.

On Monday, the health department has tested only 5,362 samples across the state.

Likewise, on Tuesday, only 7,936 samples were tested, diverging from earlier weeks when around 10,000 cases were tested on an average.

In all, 4.57 lakh samples have been tested so far, of which 4.39 lakh have tested negative.

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News Network
July 2,2020

Bengaluru, Jul 2: Karnataka government has issued a show-cause notice to 18 private hospitals for refusing to admit a 52-year-old patient with influenza-like illness (ILI) symptoms, who later died.

According to the notice dated on June 30, a 52-years patient named Bhawarlal Sujani died after he was denied admission by 18 private hospitals.

The patient was taken to these hospitals on Saturday and Sunday for admission on observing some ILI like symptoms. But none of these hospitals admitted in on the pretext of unavailability of bed/ventilators, read the notice.

This is a clear violation of providing medical assistance and admission necessitated under the agreed provision of KPME Registration. They should strictly adhere to the provisions under Sections 11 & 11 A of KPME Act 2017. Private Medical Establishments cannot deny/ refuse/ avoid treatment to patients with Covid-19 and Covid-19 like symptoms, the state Health Department said.

By denying the admission to the deceased patient, your hospitals have violated the provisions of the above-said act. You are liable for legal action in this regard, as per the notice.

The state Health department asked the hospitals to reply as to why action should not be initiated under the relevant Acts. 

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coastaldigest.com news network
January 3,2020

Mangaluru, Jan 3: General Secretary of the All India Sunni Jamiyyatul Ulama, AP Aboobacker Musliyar Kanthapuram, visited the family members of Abdul Jaleel and Nousheen, expressed his condolences.

Jaleel, resident of Bundar Kandak and Nousheen, resident of Kudroli were killed in police firing that took place during the anti-CAA protest in the city on December 19.

Former President of the District Wakf Advisory Committee of Dakshina Kannada SM Rasheed Haji, Corporator Lateef Kandak, Congress leader N S Kareem and Ashraf Kinara, Samsuddin Kudroli were also present. 

DYFI delegation

Meanwhile, a central delegation of the Democratic Youth Federation of India also met the families of the both the victims and expressed solidarity with the kin of the deceased.

The delegation comprised of DYFI national president advocate Mohammad Riyaz, other leaders such as A A Raheem, S Satish, S K Sajeesh, legislator V K Sanoj and DYFI State present Muneer Katipalla.

 

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