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 news network
July 8,2020

Udupi, Jul 8: A 15-year-old boy belonging to Saligrama in Udupi district, who was under home quarantine with his mother, allegedly committed suicide by hanging himself yesterday.

His throat swabs were sent for testing. The report received today and it showed that he did not have coronavirus.
 
The boy, a class ten student studying in Kota, was quarantined along with his mother at home after a person in a family, where she was working as a maid tested positive for Covid-19.

The boy is suspected to have taken the extreme step out of depression as he was not allowed to go out. The last rites were held today.

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coastaldigest.com news network
January 26,2020

Mangaluru, Jan 26: Minister for Muzrai, Inland Water Transport, Port and Fisheries Kota Srinivas Poojary in his Republic Day address praised the Dakshina Kannada district and Mangaluru city units of Karnataka police.

Poojary, also district in-charge minister, was speaking after unfurling the National flag as a part of 71st Republic Day celebrations held at Nehru Maidan in the city on Sunday.

He said that the police department had been successful in tackling the challenges posed by anti-social elements to the law and order situation from time to time.

He also lauded the police department for effectively handling the recent bomb threat incident at Mangalore International Airport.

He said, the state government is committed to protect the welfare of the oppressed and backward classes, minority, women, farmers, differently abled and the elderly.

“People from all these sections are guaranteed government benefits in one way or the other,’’ the minister said and called upon the people to strive towards social harmony and to help the departments concerned in keeping anti-social elements away.

The state government will release its share of Rs 4,000 to the farmers under Pradhan Mantri Kisan Samman Yojana, to which Central government has credited Rs 6,000 per eligible farmer. As many as 1,33,247 farmers are benefited by the scheme in the district, the minister said.

Stating that the coastal region of Karnataka has been placed in the ninth position in the country in fisheries, Poojary said that the coastal line of Karnataka, comprising backwaters and inland water, houses immense resource for fishes.

“Thrust will be laid on boat tourism and development of ports in the coastal districts,’’ he said.

The minister, meanwhile, said that the state government had implemented various programmes for the development of fishermen community.

“Loans to the tune of Rs 60.54 crore availed by 23,000 women belonging to fishing community will be waived. Diesel subsidies amounting to Rs 28.09 crore has been transferred to the bank accounts of owners of 954 mechanized boats during the year 2019-20. As many as 2,500 houses have been sanctioned under Matsyashraya scheme,’’ Poojary said.

Dakshina Kannada district has incurred a loss of Rs 893 crore during the recent floods. Financial assistance has been extended to 1,914 families affected by the floods to buy essential commodities, he said.

Services recognised

The minister thanked the Central government for announcing Padma Vibhushan awards to late Vishwesha Theertha Swami and George Fernandez and Padma Shri award to Harekala Hajabba.

‘’The selfless services to the nation by these stalwarts have been recognised,’’ he said. Educationist Harekala Hajabba was felicitated on the occasion.

Zilla Panchayat President Meenakshi Shanthigodu, MLAs D Vedavyas Kamath, Dr Y Bharat Shetty and U T Khader, MLCs Ivan D’Souza and S L Bhoje Gowda were present. Various troupes conducted march past on the occasion. Schoolchildren took part in cultural programmes.

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News Network
June 19,2020

Bengaluru, Jun 19: COVID-19 cases in Karnataka has breached the 8,000 mark, as the state on Friday reported 337 new cases and ten related fatalities, taking the total number of infections to 8,281 and death toll to 124.

Also, total discharges in the state breached 5,000 mark, with 230 patients getting discharged in a day after recovery.

As of June 19 evening, cumulatively 8,281 COVID-19 positive cases have been confirmed in the state, which includes 124 deaths and 5,210 discharges, the health department said in its bulletin.

It said out of 2,943 active cases, 2,865 patients are in isolation at designated hospitals and are stable, while 78 are in ICU.

The ten dead include- seven from Bengaluru urban, two from Bidar and one from Vijayapura.

Out of the 337 new cases, 93 are returnees from other states, majority of them from neighboring Maharashtra,while 11 are those who returned from other countries.

The remaining cases include contacts of patients earlier tested positive, those with history of SARI and ILI, among others.

Among the districts where the new cases were reported, Bengaluru accounted for 138 cases, followed by Kalaburagi 52, Ballari 37, Hassan 18, Dakshina Kannada 13, Davangere 12, Udupi 11; Bidar 10, six each from Mysuru and Koppal, four each from Yadgir, Kolar and Bengaluru rural, three each from Mandya, Dharwad, Chikkaballapura, Bagalkote and Ramanagara, two each from Tumakuru and Chikkamagaluru, and one each from Belagavi, Uttara Kannada and Shivamogga.

Kalaburagi district tops the list of positive cases, with 1,126 infections, followed by Udupi 1,050 and Bengaluru urban 982.

Among discharges Udupi tops the list with 944 discharges, followed by Kalaburagi 646 and Yadgir 477.

A total of 4,84,060 samples were tested so far, out of which 10,553 were tested on Thursday alone.

According to the bulletin,4,64,338 samples have been reported as negative, and out of them 9,862 were reported negative today.

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