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.

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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
March 30,2020

Mangaluru, Mar 30: In continuing cases of tipplers in the southern states ending their lives due to non-availability of liquor during the lockdown, two men committed suicide in Karnataka's Dakshina Kannada district.

The two suicides were reported in Kadaba taluk on Saturday, police said.

Tomy Thomas (50), a rubber tapping labourer in an estate at Kutrupadi village of the taluk, was found hanging at his rented house on Saturday. Thomas, a native of Kottayam in Kerala, had joined at the estate here a month ago.

Local people said he was desperately moving around in the last few days asking about places where he can get liquor. He had also not reported to work in these days. The body has been kept at the mortuary of a hospital at Deralakatte.

In another incident, a 70-year old man, belonging to Kodimbala village in the taluk, allegedly hanged himself from the branch of a tree near his house at Nakur.

The deceased has been identified as Thomas, who had left his family here 30 years ago and had been working in Kerala. He had returned here only a few years back.

Sources said Thomas, an alcohol addict, was having health problems related to withdrawal. He has been living on pavements at Kadaba without going home.

Kadaba police has registered cases in connection with the two incidents.

Incidents of tipplers committing suicide have been reported in Kerala and Telangana in the past few days. Two men ended their lives in Kerala today while a 50-year old daily wage worker jumped to death from a building in Hyderabad on Friday.

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News Network
April 2,2020

The Ayodhya police booked a senior journalist on Wednesday for raising questions on Uttar Pradesh Chief Minister Yogi Adityanath's visit to the Ram Janmabhoomi for a religious ceremony amid the lockdown over the novel coronavirus pandemic.

The FIR mentions a tweet by Siddharth Varadarajan, editor of news portal 'The Wire', where he said: "On the day the Tablighi Jamaat event was held, Adityanath insisted a large Ram Navami fair planned for Ayodhya from March 25 to April 2 would proceed as usual and that 'Lord Ram would protect devotees from the coronavirus."

Varadarajan had clarified in another tweet that it was "Acharya Paramhans, Hindutva stalwart and head of the official Ayodhya temple trust, who said Ram would protect devotees from coronavirus, and not Adityanath, though he allowed a public event on 25/3 in defiance of the lockdown and took part himself".

Taking the suo-motu cognizance, Faizabad Kotwali police station incharge Nitish Kumar Shrivastava registered an FIR under sections 188 (disobedience to order duly promulgated by public servant) and 505(2) (statements conducing to public mischief) of the Indian Penal Code for doing "disreputable" comment against the chief minister.

Statement by the Founding Editors of The Wire: pic.twitter.com/frw5oRxw18

— The Wire (@thewire_in) April 1, 2020
Reacting to it, Varadarajan termed the FIR "politically motivated, saying that the offences invoked were not even remotely made out.

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P  A Hameed Padubidri
June 9,2020

Is it highly impossible to have flights to Mangaluru under Vande Bharat Mission to repatriate the stranded Mangalureans in Saudi Arabia and other Gulf countries? The present mood of the govt seems so are more politics and less actions are seen. 

Amidst covid-19 lockdown, thousands of people from Mangaluru and surrounding areas are stranded in Saudi Arabia and other Gulf countries. They include visitors, job redundants, people who need immediate medical attention, senior citizens, pregnant women, students and people who are eager to visit their ailing family members, especially aged parents back at home. They are all stuck over there seemingly with hopelessness.

It's reported that around Karnataka NRIs (KNRIs) have registered their names under the Mission in the Indian Embassy in Riyadh alone. A majority among them are apparently from coastal districts of Karnataka who are eagerly waiting for the flights to Mangaluru. 

The promises of elected representatives including MLAs, MPs, state and central ministers have remained unfulfilled so far. Now, things are being thrown from politicians to politicians and from politicians to the district authorities and vice versa. It's said that without proper quarantine facility in the district, the repatriation flights can't be approved to Mangaluru. 

Rumours are doing rounds that the hotels in Mangaluru are not ready to facilitate for the KNRIs quarantines; the hoteliers collectively snubbed the instruction of the district authorities. Now, they are, as informed, persuading the hoteliers to allow for the quarantine facility. 

If the hoteliers are stubborn to follow the instructions of the district administration, then why the authorities are not taking action against them under relevant statutory procedure including the revocation/cancellation of their licenses? Are they above the law or govt? For whom the authorities are waiting for? These questions are now being asked by the KNRIs and others. 

Considering this condition, the central ministers and MPs are simply giving evasive answers without any forward thinking. Each one is simply uttering the same dialogue "no quarantine; no flights to Mangaluru". 

A few KNRI businessmen in Saudi Arabia have already chartered flights to transport their stranded employees and others to Mangaluru with the approval of the govt of India. But, the inconsolable thing is that the govt didn't arrange this simple thing that too with the expense of the travellers. 

The people-especially then distressed NRIs still remember late prime minister V P Singh and then external affairs minister I K Gujral for the repatriation of the NRIs during 1990s Gulf war. Everything was free of cost and immediate special flights were arranged to airlift the NRIs in the affected countries. 

Now both Karnataka and India are ruled by the BJP. Then why the non resident Kannadigas, especially those in Saudi Arabia, are direly neglected at this point in time?. Why it's highly impossible for the govts to do this simple job for the KNRIs?  The NRIs are always big assets to the govt. Also, the KNRIs remit billions of rupees to the state in the form of foreign exchange. But, they are now simply ignored. The state govt should immediately look into this dire situation of the Kannadigas in Saudi Arabia and act immediately to schedule special flights to Mangaluru from Saudi Arabia.

Comments

lovely Indian
 - 
Wednesday, 10 Jun 2020

because we have  MP nallinnan and in centre they consider muslim as enemy...we muslim must develop muslim community. today you give food & help kit tommorow they support BJP to harass muslim community..  even the educated ppl also same nowdays...look at UP doctor. if they dont give right to live in our own country then we must take it forcefully with or without blood

 

if they dont give right to live in our own country then we must take it forcefully with or without blood(1260 BAIBER the islamic worrier)

Abdul Muthalib…
 - 
Tuesday, 9 Jun 2020

Really good & timely writing by P A Hameed,

Even if we pay the flights fares, why the flights are not granted to Msngaluru as there are good number of presence of the Kannadiga Non Residents in Saudi Arabia & other gulf countries. Such a simple service can't be done by our Govt of Karnataka & India. It's really a surprise at the inaction of our people's representatives especially coastal regions including central minister. 
If Central & State Ruling by BJP than we can expect only this....

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