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

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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 28,2020

Bengaluru, May 28: A thousand government schools in Karnataka are set to get Englishmedium sections from this academic year (2020-21). These institutions will function in both English and Kannada medium.

The decision was taken by primary and secondary education minister S Suresh Kumar and officials of the education department at a meeting on Wednesday.

Suresh Kumar said dualmedium will help improve the standard of schools and enable their development. The poorest of the poor spend almost 40% of their income on their children’s education in private schools. With the introduction of dual-medium, the government hopes such families will be able to save their earnings, he said. These schools will impart lessons in both English and Kannada. They will also provide textbooks in both languages.

‘Kannada must for all’

The meeting reviewed implementation of the compulsory Kannada Language Learning Act, 2015. Officials from the Kannada Development Authority were present at the meeting who claimed that some private schools have failed to implement the Act properly.

“Action will be taken against such institutions. Every child studying in schools across the state must learn Kannada,” Kumar said at the meeting.

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News Network
March 11,2020

Bengaluru, Mar 11: The move by rebel ruling Congress MLAs in Madhya Pradesh to trigger the crisis for the party's government in the state appears to have been in the making for at least close to a month as Karnataka BJP leaders were sounded about hosting them in Bengaluru in advance, sources said.

They also indicated that the 19 rebel MLAs would stay in the city for at least two weeks till an alternative government takes charge in Madhya Pradesh.

A senior Karnataka BJP leader, in charge of the Madhya Pradesh legislators' stay in Bengaluru, received a communication from the party's central leaders about the move nearly 15-20 days ago, the sources involved in the development said on condition of anonymity on Tuesday.

The leader had even gone to New Delhi in the third week of February to meet BJP's central leaders in this regard, they said.

In a massive setback for the Congress, its prominent youth leader Jyotiradtya Scindia quit the party and in a coordinated rebellion on Tuesday 21 MLAs loyal to him resigned in Madhya Pradesh, pushing the 15-month-old Kamal Nath government to the brink of collapse.

As many as 19 Madhya Pradesh MLAs, including six ministers, said to be loyalists of Mr Scindia who appeared set to join BJP, are camping at a resort in Bengaluru. Two of them are women, the sources said.

The MLAs on Tuesday sent their resignation letters via e-mail to Raj Bhavan in Bhopal from Bengaluru.

According to the sources, eight legislators, including an independent, have been staying in the city for about a week now. Of them two - one from Congress and the other an independent MLA - had gone back.

The six were joined by 13 legislators, who landed in the city by a chartered flight on Monday, and all of them are put up in a villa.

The senior Karnataka BJP leader, also an MLA, is looking after their stay and related arrangements on the directions of the party high command, the sources said. Their stay here may be for a couple of weeks.

"There will be a no-confidence motion, and then there will be a trust vote of the new alternative government that will be formed. So they may have to stay here for some time. They may be moved out of their current location," they said.

The Madhya Pradesh legislature session is expected to begin on March 16.

The sources also said the six legislators staying in the city since last week were shifted a couple of times within the city.

Congress in Madhya Pradesh, under the leadership of Kamal Nath, had come to power in December 2018 by ousting the BJP by a narrow margin.

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coastaldigest.com news network
July 11,2020

Bengaluru, Jul 11: Amidst the mounting number of covid-19 cases, Karnataka is witnessing another disturbing trend of increasing number of people ending their life. After the lockdown was relaxed, the state saw a worrying jump in the number of suicides.

According to statistics, as many as 2,211 suicide cases have been registered in just two months. The number of suicides rose by 23% in May to 1,127, and by another 18% in June to 1,084, from an average of 912 suicides in the first three months of the year. 

In April, however, the number nearly halved to 477. But April was also the month during which the lockdown (announced on March 24) was complete, and everyone was at home -- which, experts say, could have prevented people with suicidal tendencies from taking their own lives.

Shockingly, number of teenagers including school children committing suicide also increased in the state in past couple of months.

With the pandemic still accelerating and impacting people in multiple ways, the World Health Organisation has urged people to pay greater attention to mental health and suicide prevention. 

Dr Poonam Khetrapal Singh, Regional Director, World Health Organisation (WHO), South-East Asia Region, said stigma related to Covid-19 infection may lead to feelings of isolation and depression. Another precipitating factor impacting mental health amidst Covid-19 could be domestic violence, which is reported to have increased globally as several countries imposed lockdowns, she said.

“Hitting lives and livelihoods, the pandemic is causing fear, anxiety, depression and stress among people. Social distancing, isolation and coping with perpetually evolving and changing information about the virus has both triggered and aggravated existing and pre-existing mental health conditions, which need urgent attention,” she said.

Dr H Chandrashekar, professor and head of the department of psychiatry at Victoria Hospital, said reasons for suicide are always multi-factored, combined, cumulative, unresolving and interrelated.

“There is grief everywhere now due to deaths related to Covid-19, and it may have an adverse effect on some. But people should be watchful of their family members, especially those who are in depression and have a history of suicide attempts. One should never ignore signs, like when someone says they feel like ending their life. They should not be left alone, and unconditional support needs to be given. Also, objects that could be used to commit suicide must be kept away from them,” Dr Chandrashekar said.

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