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
February 17,2020

Hubli, Feb 17: A local court here on Monday sent three Kashmiri students who were arrested on charges of sedition to judicial custody till March 2.

They were arrested for allegedly raising pro-Pakistan slogans and posting a video of the same on social media, told police.

All three were taken into custody by the police on Sunday night and were produced before a local court on Monday.

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News Network
March 10,2020

Pathnamthitta, Mar 10: A man under observation for suspected coronavirus infection at the isolation ward of the district hospital here fled, but was tracked and brought back within hours. The man was among those who had interacted with the three-member family who returned from Italy and have tested positive for the virus.

Pathnamthitta district collector PB Nooh said one person, who was under observation at the general hospital had escaped but was later tracked and brought back. "If even a single person under observation goes out, it is a threat. This is a public hazard".

The one excercise which the health authorities have to undertake on Tuesday is to see how many people had come incontact with this person after he left the hospital. There is need to isolate those people with whom he mayhave come into contact, the collector said "This is the timeto behave in a very socially responsible manner".

With six positive cases being reported, the state government has already warned that stringent action would be taken against those flouting the directions of the health department. Health Minister K K Shailaja has warned that those coming from COVID19 affected nations, should report to authorities on arrival in the state, failing which a case would be registered against them under the Public Health Act.

A 3-member family, which had come from Italy recently and had tested positive along with two of their relatives had not reported their arrival to the authorities, health officials said.

At least 733 people who had come in contact with them have been tracked, the collector said and have been placed under observation. While 18 have been admitted to isolation wards in hospital the remaining are under home surveillance.

A two-year-old child is among those under obsevation at the isolation ward, health department sources said. The tracking excercise would continue on Wednesday also.

Meanwhile, an awareness class was held for migrant workers at Pathnamthitta district this morning. However, no directions have been issued to workers fromother states to leave the state. "We are planning to give extra care to migrant workerswith labour officer visiting their colonies and as part of theawareness drive and speaking to them in a language theyunderstand," he said.

A three-year-old boy, who arrived with his parents in Kochi from Italy, tested positive on Monday, a day after three people, also with travel history from the European nation,were declared positive for the virus along with two of their relatives.

The Health Minister has said surveillance system would be stregthened with the support of ASHA workers, civic authorities and ward members and resident associations. Presently, 1,116 people are under surveillance in thestate for the corona virus, 967 in home quarantine and 149 in isolation wards of hospitals. Two 90-year-old relatives of the Pathnamthitta family, who tested positive, have been admitted to Kottayam medicalcollege hospital and their samples have been sent for testing, she said. "If they test positive for the virus, it would be highlyrisky", she had said.

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News Network
July 16,2020

Byndoor, Jul 16: Byndoor Police Station in Kundapur taluk of Udupi District, has been sealed for the second time in a month, after three personnel including an ASI were tested positive for Covid-19 on Thursday.

All the three including a lady Home Guard have been admitted to the designated Covid Hospital.

Last month the Station was sealed after staff had tested positive.

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