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
April 25,2020

Bengaluru, Apr 25: Former Karnataka Health minister and senior Congress leader Dr H C Mahadevappa on Saturday urged the state government to chalk out a comprehensive plan to conduct tests among the vulnerable sections in the society to impede the spread of the dreaded COVID-19 pandemic in the state.

Speaking to media persons, Dr Mahadevappa, felt that only restricting people to remain indoors will not suffice to tackle the spread of the contagious disease he said that "There needs to step up testing the people especially belonging to the vulnerable sections of the society".

Maintaining that the COVID-19 disease, which has progressed itself as a pandemic, across the globe, former Health Minister said that "there is also a need to fight the menace with multiple dimension, as it has potential to cause damage not only the social life of the people but also their livelihood".

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News Network
April 29,2020

Lucknow, Apr 29: Tablighi Jamaat members, who got cured of COVID-19, have been asked by their organisation to donate their plasma for treatment of other coronavirus-infected patients, a move that the outfit thinks will help it shed its “villain” tag.

"Maulana Saad, in an open letter on April 21 to all Jamaatis who have recovered from the coronavirus (infection), has appealed them to donate their plasma to help others. The message has reached all the members," Maulana Anees Ahmad Nadvi, the manager of Tablighi Jamaat’s Lucknow branch, told PTI PTI on Wednesday.

"As per the Health Department data, over 50 per cent of corona patients are Jamaatis. Among them those who have recovered are being contacted and all of them are ready to donate their plasma," claimed Nadvi.

"We have till now contacted 400 Jamaatis. In the entire country, those who have recovered are also giving their plasma. Markaz has given instructions that no one should be left from donating plasma," he said. "Jamaatis are not doing any favour to anyone by giving their plasma.

This is a humanitarian step. This is true that Jamaatis are being presented as villains after coronavirus spread, but Maulana Saad has asked us to forgive those doing this," he said. Tablighi Jamaat leader Maulana Saad Kandhalvi is on the run after an FIR was registered against him by the Delhi police for organising a religious gathering in March this year despite restrictions to combat the coronavirus spread.

With some plasma therapy trial results rekindling hopes of it being a likely cure for COVID-19, the Uttar Pradesh government too had begun contracting patients cured of it for plasma donation, but the move was suspended after the Union Health Ministry on Tuesday said the therapy was only at an experimental stage and there was no evidence yet to support that it can be used as treatment for COVID-19.

Uttar Pradesh Surveillance Officer, Dr Vikasendu Agarwal, said all those who have recovered from coronavirus, including Jamaatis, were being contacted for plasma donation, but the move has been suspended after the Centre’s statement on the issue.

Refusing to divulge the number of cured Jamaatis, he said "We were contacting them. They are not different from us. We were contacting all our patients and asking them that they could donate if they find it appropriate, as it would help other patients." "All of those contacted by us are ready for giving plasma," he said.

Chief Medical Officer, Lucknow, Dr Narendra Agarwal said all 28 Jamaatis, who were admitted in KGMU were contacted to donate their plasma and all of them agreed. "A proposal in this regard has been sent to the government.

After approval, their plasma will be taken," he said. With the plasma therapy gaining a lot of traction as a possible cure for coronavirus, the Union Health Ministry on Tuesday clarified that it is at an experimental stage and there is no evidence yet to support that it can be used as treatment for COVID-19. Till the effectiveness of this mode of treatment is scientifically proven, its application except for research and clinical trial is illegal, Joint Secretary in the Ministry of Health Lav Agarwal said.

Dr Vikasendu said after the Centre's clarification contacting people for plasma donation has been put on hold. A further step will be taken on decision of KGMU which is working on plasma therapy here, he added.

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News Network
April 2,2020

The current physical distancing guidelines provided by the World Health Organisation (WHO) and by the US Centers for Disease Control and Prevention (CDC) may not be adequate to curb the coronavirus spread, according to a research which says the gas cloud from a cough or sneeze may help virus particles travel up to 8 metres. The research, published in the Journal of the American Medical Association, noted that the the current guidelines issued by the WHO and CDC are based on outdated models from the 1930s of how gas clouds from a cough, sneeze, or exhalation spread.

Study author, MIT associate professor Lydia Bourouiba, warned that droplets of all sizes can travel 23 to 27 feet, or 7-8 metres, carrying the pathogen.

According to Bourouiba, the current guidelines are based on "arbitrary" assumptions of droplet size, "overly simplified", and "may limit the effectiveness of the proposed interventions" against the deadly pandemic.

 She explained that the old guidelines assume droplets to be one of two categories, small or large, taking short-range semi-ballistic trajectories when a person exhales, coughs, or sneezes.

However based on more recent discoveries, the MIT scientist said, sneezes and coughs are made of a puff cloud that carries ambient air, transporting within it clusters of droplets of a wide range of sizes.

Bourouiba warned that this puff cloud, with ambient air entrapped in it, can offer the droplets moisture and warmth that can prevent it from evaporation in the outer environment.

"The locally moist and warm atmosphere within the turbulent gas cloud allows the contained droplets to evade evaporation for much longer than occurs with isolated droplets," she said.

"Under these conditions, the lifetime of a droplet could be considerably extended by a factor of up to 1000, from a fraction of a second to minutes," the researcher explained in the study.

The MIT scientist, who has researched the dynamics of coughs and sneezes for years, added that these droplets settle along the trajectory of a cough or sneeze contaminating surfaces, with their residues staying suspended in the air for hours.

"Even when maximum containment policies were enforced, the rapid international spread of COVID-19 suggests that using arbitrary droplet size cutoffs may not accurately reflect what actually occurs with respiratory emissions, possibly contributing to the ineffectiveness of some procedures used to limit the spread of respiratory disease," Bourouiba wrote in the study

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