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
July 3,2020

Bengaluru, Jul 3: The Karnataka government is allowing select asymptomatic and mildly symptomatic Covid-19 patients to recuperate at home as part of home isolation guidelines, an official said on Friday.

"Only those who are asymptomatic or mildly symptomatic shall be allowed to be in isolation at home," said a health official, highlighting that such patients should be properly oriented on home isolation.

However, before home isolation, a health team will visit the patient's house and assess its suitability for executing home isolation.

Similarly, the patient should be provided with a tele-consultation link for initial triage, daily follow up and during the entire home isolation time.

For a daily update, the patient isolated at home should give a report on his health status to the physician or health authorities.

"The home isolation shall be with the knowledge of the family members, neighbours, treating physician and local health authorities," said the official.

Though home isolation is allowed, it is not a blanket permission for all asymptomatic and mildly symptomatic cases in Karnataka to avail.

"Such cases should have the requisite facility at their residence for self-isolation and also for quarantining the family contacts. A care giver should be available to provide care on 24x7 basis," said the official.

Likewise, the caregiver should also have a regular communication link between him and the hospital during the home isolation.

No patient above 50 years will be allowed to avail home isolation.

"If the patient has the following comorbidities: hypertension, diabetes, obesity, thyroid disease, they shall be well managed and under good clinical control as assessed by medical officer," he said.

However, patients with comorbidities such as kidney diseases, dialysis, heart diseases, stroke, tuberculosis, cancer and HIV cannot avail home isolation.

Likewise, immunity compromised patients and those on steroids also cannot be on home isolation.

Though pregnant women are not allowed to avail this facility, lactating women are allowed after due instruction and assessment.

The Health Department has also issued several other guidelines and protocols for a patient choosing home isolation.

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News Network
August 3,2020

Bengaluru, Aug 3: All those who met Karnataka Chief Minister B S Yediyurappa, who has tested positive for Covid-19, in the last three-four days will have to be quarantined, Medical Education Minister Sudhakar K said on Monday.

He also said those who came in contact with Yediyurappa in a couple of programmes in the past week are being traced.

Sudhakar, a medical doctor himself, said Yediyurappa has "very mild cough and his chest is clear."

"I think eight to ten days," he told news agency when asked how long the Chief Minister would have to remain in hospital.

Sudhakar said he is also getting himself tested as a few of his office staff had tested positive.

"All those who met the Chief Minister in the last 3-4 days...ideally they should be quarantined till they receive their results/report. Those who came in contact with him in a couple of programmes will have to isolate themselves and subject themselves for testing," the Minister said.

On the Chief Minister meeting Governor Vajubhai Vala, along with Home Minister Basavaraj Bommai last Friday, Sudhakar said as a result "They also become primary contacts. Ideally, they should also be quarantined and tested."

Yediyurappa who was hospitalised on Sunday night after testing positive for Covid-19 was "doing well" and is "clinically stable", the hospital treating him said.

The 77-year old leader is being monitored by a team of doctors at the Manipal hospital here.

"He is doing well, is clinically stable and will be monitored closely by our team," the hospital said in a statement late last night.

"I have tested positive for coronavirus. Whilst I am fine, I am being hospitalised as a precaution on the recommendation of doctors. I request those who have come in contact with me recently to be observant and exercise self-quarantine," Yediyurappa had said in his tweet.

Yediyurappa was in home quarantine a couple of weeks ago, after some staff members in his home office were found infected with the virus. Subsequently, he tested negative for Covid-19.

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News Network
June 13,2020

Mandya, Jun 13: Degree colleges will begin classes after the lockdown is lifted and dates for examinations will be announced later, said deputy chief minister CR Ashwath Narayan on Friday.

Speaking at College of Agriculture, Mandya (VC Farm) on Friday, Ashwath Narayan said the lockdown will be completely phased out on June 30 and degree colleges will begin classes after that. “We will speak with all stakeholders to chalk out measures as to how to reopen degree colleges amidst coronavirus scare. All students must continue their studies and be prepared for exams,” he said.

Narayan said the cabinet has approved to upgrade VC Farm as a university and an ordinance will soon be promulgated in this regard. “There is a need to change the present curriculum to meet present day requirements. VC Farm will be made into a world class agriculture university and a vice chancellor will be appointed,” he said.

“Apart from traditional education, we must concentrate on skill-based education as it should create more job opportunities. We are committed to establish more skill-based educational institutes in Mandya district,” Narayan said.

Later Narayan visited Shivaragudda near Maddur and inspected 48 acres of government land which could be used for establishing skill-based education institutions. “This land was earlier used for imparting skill-based education in a collaboration with Denmark. Sir M Visvesvaraya had established skill-based institutions here in 1923 and now they have become defunct. The then prime minister of Denmark had inaugurated this century old institution. We will revive it and this will help local youths,” he said.

‘Ticket promised only to R Shankar’

When asked, Narayan said R Shankar, who quit the Congress-JD(S) coalition and joined BJP will be given a party ticket to contest the legislative council election. “Except Shankar, the high command did not promise council tickets to those who quit congress and JD(S) and joined our party. It is true that there is hectic lobbying in BJP to get tickets,” he said.

Comments

Tejashwini
 - 
Friday, 24 Jul 2020

Sir when does degree clg gets reopen  in karnataka

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