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 10,2020

Bengaluru, May 10: Karnataka on Sunday reported 59 new cases of coronavirus, taking the total number of cases in the state to 848, informed state health department.
Out of the total number of cases, 422 people have been discharged and 31 have died due to the infection in the state.
The health department further informed that six COVID-19 patients are currently in the Intensive Care Unit.

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News Network
March 10,2020

Mangaluru, Mar 10: Tension prevailed in the city after an international flyer quarantined at the District Wenlock Hospital walked out of the facility.

The passenger, with a recent travel history to high-risk countries, refused to cooperate with health officials. The day-long drama ended when the district administration intervened and the flyer agreed to get himself re-admitted.

Deputy commissioner Sindhu B Rupesh said the passenger had fever and was sent to an isolation ward. “The passenger is cooperating with the treatment and samples have been collected for testing,” she said. The samples will be sent to a testing centre in Bengaluru.

Sources told  that rude behaviour by staff at Mangalore International Airport may have angered the passenger and he walked out of the quarantine facility.

She said if passengers show reluctance to be screened, they should first be counselled and allowed to get themselves admitted to a hospital of their choice with quarantine facility. If they still refuse to cooperate, they will have to be hospitalised forcefully, she added.

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coastaldigest.com news network
May 17,2020

Benglauru, May 17: A garment company manager jumped to death from his third-floor house on Saturday, four days after having killed his wife and wrapping her body in a blanket. 

Manish Kumar, 42, gave a relative and neighbours frightening moments before committing suicide at AECS Layout, Kudlu Gate, Southeast Bengaluru. The relative had come over after Kumar’s brother called him from Delhi, saying he had stopped responding to phone calls. 

The relative, who lives in Hongasandra, arrived at Kumar’s house around noon. He knocked on the door which was bolted from the inside but didn’t get a response. When he asked the neighbours, they said they didn’t have a clue. The relative and the neighbours decided to break the door open. 

But as they entered the house, they got the shock of their lives. Kumar was slitting his wrist with a blade. He then ran into the bathroom and locked himself in. They followed him and asked him to open the door. But he ignored them. They had to break open the bathroom door, too. By this time, Kumar had slashed his hands, chest and other parts of the body. Waving the blade at them, he asked them to stay away. 

Even the relative and the neighbours pleaded with him to drop the blade, he ran out and jumped off the building. He was taken to a hospital but it was too late. 

A bigger shock awaited them. They felt a foul smell emanating from the house. When they went in, they found the decomposed body of Kumar’s wife, Sandhya, 35, wrapped in a blanket. They called the cops. 

Police found a death note purportedly written by Kumar on May 12. “We suspect he killed her on that day,” said a police officer investigating the case. 

Police said the death note specifies what made Kumar kill his wife and commit suicide. Sandhya suspected him of having an affair since he regularly chatted up some bar dancers he had met in Gurgaon and Delhi. She accessed his phone and saw the calls and the WhatsApp messages he had sent them. The issue rocked their marital life and they often fought over it. He then decided to kill his wife and commit suicide, as per the death note. 

Police said Kumar appeared to have spent the last four days at home, with his wife’s body wrapped in the blanket. “We don’t know whether he tried to dispose of the body or didn’t want to see it,” the officer said. Police couldn’t determine how he killed her and are waiting for the post-mortem report. 

Joshi Srinath Mahadev, DCP (Southeast), said the couple hailed from Bihar. “We are waiting for Sandhya’s relatives to arrive in Bengaluru. A case of murder and suicide has been registered at the Parappana Agrahara police station.” Another officer said the couple had a love marriage.

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