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
May 30,2020

Dubai, May 30: Taking advantage of Vande Bharat Mission, a notorious NRI conman has fled to India through a repatriation flight after duping several businessmen in United Arab Emirates and stealing goods worth nearly six million dirhams.

Yogesh Ashok Yariava, 36, owner of the fraudulent Royal Luck Foodstuff Trading and prime suspect in the audacious scam took a flight to Hyderabad from Abu Dhabi on May 11 with around 170 repatriates.

His mandatory two-week quarantine period would have ended on May 25, but for his 40 odd victims a protracted battle for justice has just begun.

Last Wednesday many of them trooped down to the Indian Consulate office in Dubai in the hope of getting an audience with Consul General Vipul. The following day they went to Bur Dubai police station clutching dud bank cheques.

In a replay of the familiar trading scam, conmen representing Royal Luck Foodstuff approached unsuspecting traders and made bulk purchases against post-dated cheques.

They bought anything they could get their hands on: Facemasks, hand sanisters and medical gloves worth nearly half a million dirhams from Skydent Medical Equipment, Raheeq Laboratories and GSA Star; rice and nuts (Dh393,000) from Al Baraka Foods; tuna, pistachios and saffron (Dh300,725) from Yes Buy General Trading; French fries and mozzarella cheese (Dh229,000) from Mehdu General Trading; frozen Indian beef (Dh207,000) from Al Ahbab General Trading and halwa and tahina (Dh52812) from Emirates Sesame Factory. It’s a long list and it keeps getting longer as more victims come forward.

When their post-dated cheques started bouncing, the traders rushed to Royal Luck’s Opal Tower office in Business Bay. But it was too late. They had shut down and all their 18 staffers had disappeared. Visits to their warehouses also drew a blank.

“Calls made to the company’s sweet-talking purchase managers who visited us days earlier carrying fancy business cards remained unanswered,” said Chandrasekaran Ganesan of Ajman-based Skydent Medical Equipment which supplied protective face masks worth Dh175,875.

Another business owner, Anand Asar said he visited Royal Luck’s office after his cheque of Dh79,552 returned marked insufficient funds. “The security guard at the building told us their staff was last seen on May 17,” said Asar who has since lodged a police complaint.

“I am devastated. I don’t know how I will recover my losses,” said another trader.

Victims reckon the ill-gotten goods have been sold to third parties at dirt cheap prices.

“They have got millions of dirhams worth of goods against worthless pieces of paper. The scammers would rack up huge profits even if they sell our stuff for one tenth their price,” said another trader who pegged his losses at Dh200,000.

The scam comes close on the heels a Dh4 million fruit loot in which 810 tonnes of fruits shipped by Indian exporters to OPC Foodstuff Trading in Deira, Dubai were similarly stolen last month.

Legal adviser Salam Pappinisseri from Sharjah based United Advocates that represents five firms which have collectively lost over Dh550,000 said they are weighing legal action against the prime suspect Yogesh Ashok Variava in both India and the UAE.

“Yogesh, originally from Mumbai, absconded from the UAE with large amounts of money on an emergency evacuation flight. It’s strange that the fraudster got a seat in the flight which was meant to bring stranded Indian citizens who had registered with the Indian embassy and consulate requesting repatriation on urgent grounds,” said Pappinisseri.

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News Network
January 10,2020

Davanagere, Jan 9: Residents of SVR colony of Channagiri Taluq here on Thursday built a temple in the memory of a male monkey, who died here 'unexpectedly'.

A group of monkeys entered the SVR colony around three months back. The monkeys have never disturbed anybody in the area and they used to play with children living in the colony.

Locals said that the monkeys are very obedient to them.

Unfortunately, one of the monkeys died suddenly on Wednesday, causing distress among people who were very fond of him.

Showing their love for the deceased monkey, locals performed his final rite according to Hindu tradition.

Later, the residents approached the president of the village Panchayat to allot funds to build a temple in the monkey's memory.

The construction of the temple has already begun in the area at the same place where the monkey's funeral was conducted.

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News Network
May 29,2020

Thiruvananthapuram, May 29: Chief Minister Pinarayi Vijayan said that fishing in Kerala coast and southeast Arabian Sea has been completely banned from Thursday midnight as the state is expected to receive rainfall early next month.

"India Meteorological Department (IMD) has informed that southwest monsoon will arrive in Kerala coast by the first week of June. The state will receive rainfall in the next five days. Fishing in Kerala coast and the southeast Arabian sea to be completely banned from midnight," Vijayan said.

On Thursday, the IMD announced that conditions are favourable in Kerala for the onset of the southwest monsoon on June 1.

"A low-pressure area is likely to form over the southeast and adjoining east-central Arabian Sea from May 31 to June 4, 2020. In view of this, conditions are very likely to become favourable from June 1, 2020 for the onset of southwest monsoon over Kerala," the IMD said in its bulletin.

It also stated that the southwest monsoon has further advanced into some parts of Maldives-Comorin area, some more parts of south Bay of Bengal, remaining parts of Andaman Sea and Andaman and the Nicobar Islands. 

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