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.

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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 26,2020

Feb 26: The Tamil Nadu government on Tuesday claimed that it prevented Karnataka from discussing the contentious Mekedatu reservoir issue at the Cauvery Water Management Authority (CWMA) meeting held in New Delhi.

Besides the representatives of Tamil Nadu and Karnataka at the fifth meeting of CWMA, presided over by Central Water Commission Chairman R K Jain, officials of Kerala and Puducherry also participated.

CWMA member and TN PWD Secretary K Manivasan told reporters after the meeting that the state government prevented Karnataka from discussing the dam issue by pointing out the pending petitions in the Supreme Court against the project filed by the E Palaniswami government.

"We have told participants of the meeting that Mekedatu reservoir will be against the interests of Tamil Nadu and its farmers. Our consistent stand is that it should not be built at any cost. Finally the issue was not discussed in the meeting," Manivasan said.

The Mekedatu reservoir is proposed to be constructed by Karnataka across Cauvery river near Mekedatu, about 110 km from Bengaluru, in Kanakapura taluk.

It was first proposed along with Shivanasamudra hydro power project at Shimsa in 2003 with an intention to use the water for a hydro power station and supply drinking water to Bengaluru city. It was designed to store 67 tmc feet of water.

While Tamil Nadu is claiming that the construction of a balancing reservoir will disturb Cauvery water flow to the state affecting irrigation, Karnataka says the project is basically designed to take care of the drinking water needs of Bengaluru after releasing water to Tamil Nadu as per the quantum specified by the Cauvery water disputes tribunal.

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News Network
January 17,2020

Udupi, Jan 17: Six fishermen were rescued by members of another fishing boat after their boat capsized off Gangolli coast in the District recently.

Police on Friday said that the fishing boat, belonging to Jayalakshmi of Kodi Kanyana, had set sail from Malpe towards Gangolli on the night of January 12. On Wednesday (Jan 15) the vessel’s hull got damaged and water began gushing in.

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News Network
April 29,2020

Washington, Apr 29: A US government panel on Tuesday called for India to be put on a religious freedom blacklist over a "drastic" downturn under Prime Minister Narendra Modi, triggering a sharp rebuttal from New Delhi.

The US Commission on International Religious Freedom recommends but does not set policy, and there is virtually no chance the State Department will follow its lead on India, an increasingly close US ally.

In an annual report, the bipartisan panel narrowly agreed that India should join the ranks of "countries of particular concern" that would be subject to sanctions if they do not improve their records.

"In 2019, religious freedom conditions in India experienced a drastic turn downward, with religious minorities under increasing assault," the report said.

It called on the United States to impose punitive measures, including visa bans, on Indian officials believed responsible and grant funding to civil society groups that monitor hate speech.

The commission said that Modi's Hindu nationalist government, which won a convincing election victory last year, "allowed violence against minorities and their houses of worship to continue with impunity, and also engaged in and tolerated hate speech and incitement to violence."

It pointed to comments by Home Minister Amit Shah, who notoriously referred to mostly Muslim migrants as "termites," and to a citizenship law that has triggered nationwide protests.

It also highlighted the revocation of the autonomy of Kashmir, which was India's only Muslim-majority state, and allegations that Delhi police turned a blind eye to mobs who attacked Muslim neighborhoods in February this year.

Coronavirus state-wise India update: Total number of confirmed cases, deaths on April 29

The Indian government, long irritated by the commission's comments, quickly rejected the report.

"Its biased and tendentious comments against India are not new. But on this occasion, its misrepresentation has reached new levels," foreign ministry spokesman Anurag Srivastava said.

"We regard it as an organization of particular concern and will treat it accordingly," he said in a statement.

The State Department designates nine "countries of particular concern" on religious freedom -- China, Eritrea, Iran, Myanmar, North Korea, Pakistan, Saudi Arabia, Tajikistan and Turkmenistan.

The commission asked that all nine countries remain on the list. In addition to India, it sought the inclusion of four more -- Nigeria, Russia, Syria and Vietnam.

Pakistan, India's historic rival, was added by the State Department in 2018 after years of appeals by the commission.

In its latest report, the commission said that Pakistan "continued to trend negatively," voicing alarm at forced conversions of Hindus and other minorities, abuse of blasphemy prosecutions and a ban on the Ahmadi sect calling itself Muslim.

India's citizenship law fast-tracks naturalization for minorities from neighbouring countries -- but not if they are Muslim.

Modi's government says it is not targeting Muslims but rather providing refuge to persecuted people and should be commended.

But critics consider it a watershed move by Modi to define the world's largest democracy as a Hindu nation and chip away at independent India's founding principle of secularism.

Tony Perkins, the commission's chair, called the law a "tipping point" and voiced concern about a registry in the northeastern state of Assam, under which 1.9 million people failed to produce documentation to prove that they were Indian citizens before 1971 when mostly Muslim migrants flowed in during Bangladesh's bloody war of independence.

"The intentions of the national leaders are to bring this about throughout the entire country," Perkins told an online news conference.

"You could potentially have 100 million people, mostly Muslims, left stateless because of their religion. That would be, obviously, an international issue," said Perkins, a Christian activist known for his opposition to gay rights who is close to President Donald Trump's administration.

Three of the nine commissioners dissented -- including another prominent Christian conservative, Gary Bauer, who voiced alarm about India's direction but said the ally could not be likened to non-democracies such as China.

"I am deeply concerned that this public denunciation risks exactly the opposite outcome than the one we all desire," Bauer said.

Trump, who called for a ban on Muslim immigration to the US when he ran for president, hailed Modi on a February visit to New Delhi.

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