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
May 12,2020

Bengaluru, May 12: Former chief minister and senior Congress leader Siddaramaiah on Tuesday said that the Central and Karnataka government have failed in containing the coronavirus spread despite having enough time for preparations.

"Central and state government failed in properly controlling COVID-19. The first coronavirus case was reported in Kerala on January 30. Lockdown was imposed on March 24. Both Centre and state had enough time for preparations," Siddaramaiah said in a press meet here.

He said that the Central government did not stop the airline services on time.

"Karnataka government might have been able to stop COVID-19 properly. However, both the state and central government are playing politics over the issue and blaming Tablighi Jamaat for the spread, which is a political strategy painted by the RSS," Siddaramaiah said.

"Who gave the licence to Tablighi's international convention? Who gave them permission in Delhi? They didn't control it. Central government is directly responsible for the increasing numbers of COVID-19 cases in India," he added.

Siddaramaiah said that the lockdown was imposed without any preparation, which he said caused huge problems for the migrant workers across the country.

"Now, the government is collecting ticket fare and looting migrant workers. They don't have jobs or food, they don't have money, and they earn every day to survive. How will they pay for the tickets? Why the government is not arranging for free trains?" the Congress leader said.

He said that around Rs 35,000 crore have been credited to PM CARES fund, Rs 3,000 crore of which was credited from Karnataka alone. "Why are they not using that money?" he asked.

Siddaramaiah said that the party is demanding for the Centre to arrange for migrant workers to return to their native places across the country free of cost.

"We asked Chief Minister to call an all party meeting. We gave many suggestions, which this government did not consider. We also took a delegation and gave a memorandum about farmers, daily wage workers, road side vendors, barbers, problems faced by the unorganized sector. But this government didn't consider any of it," he said.

Questioning the Central government's suggestion to States to amend their Agricultural Produce Market Committee (APMC) Acts, Siddaramaiah said that the move is against the federal system of the country and claimed that it harms the interests of small scale farmers.

He said that the BJP-led state government has also decided to postpone the Gram panchayat elections in the state and is trying to nominate their party workers for village panchayat elections.

"The Government must continue with the present members of the Gram panchayat. If BJP tries to nominate their party members to village panchayats, we will take to streets to protest despite the lockdown," Siddaramaiah added.

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News Network
February 12,2020

Mangaluru, Feb 12: Mangaluru City Corporation’s (MCC) mayoral elections will be held on February 28, Urban Development Department has announced.

Yashwanth V, Regional Commissioner of Mysuru will be conducting the election in the city.

The election will be held as per the 21st term reservation roster according to which the mayoral candidate has to be a BCM ‘A’ candidate and the deputy mayoral candidate must be a woman from the general category.
 

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coastaldigest.com news network
February 23,2020

Mangalore University has been participating in the campus bird count a sub-event of ‘Great backyard bird count’ (GBBC) organized by Bird Count India for the past 5 years. This year, CBC was held from 14th to 17th February of 2020 across various campuses in India.

This year the four days event was successfully ended up with the sightings of 103 species of birds from various locations across the campus spread on 300 acres. In this Black Drongo, Black Kite, Brahminy Kite, Common Iora, Green Wabler, Purple-rumed Sunbird, Red-whiskered Bulbul, White-cheeked Barbet, Jungle Babbler and Plum headed parakeets were the common birds, and also observed House Crow with nest and nestlings, Indian Robin nest with eggs, Bronzed Drongo constructing the nest and Shikra mating and carrying nesting materials.  Whereas Yellow-billed Babbler is rare in the campus, Ashy Drongo, Barn Swallow, Booted Eagle, Grey Wagtail, Indian Pitta etc. were migratory birds, Grey-headed Bulbul (Near Threatened bird), Rufous Babbler and Grey-headed Bulbul were Western Ghats Endemics  and Brown Wood Owl, Barn Owl, Spotted Owlet, Nightjars (Savanna, Indian and Jerdon’s) and Sri Lanka Frogmouth were nocturnal birds. Blue-eared Kingfisher Grey-bellied Cuckoo which was very rare and new additions to avian list of the campus.

In the first year (2016) of Mangalore University’s CBC recorded 77 species, in 2017 recorded 95 species, in 2018 recorded 110 species and in 2019 recorded 107 species of birds. However some of the common species like Rose ringed parakeets, Blue tailed bee-eater, Nilgiri Flowerpecker and Indian roller etc., sighted last year were not seen this year. But with 2 new additions from this CBC, the checklist of Mangalore University Campus has been updated with a total of 141 species.

This event was coordinated by Vivek Hasyagar from the Department of Applied Zoology and Maxim Rodrigues from the Department of Marine Geology. Survey trails were led by more than 60 students and research scholars from various Departments of Mangalore University includes Applied Zoology, Biosciences, Microbiology, Botany, Physics, Chemistry and Material Science.  In addition, some enthusiastic participants from St. Aloysius College had involved in identifying the birds around the campus.

Quote:

Wild/planned fire affects negatively on the existing ecologically sensitive areas in and around the campus especially in lateritic grasslands. Because many insectivorous birds are dependent on these lateritic grassland habitats for their food and breeding grounds for many ground dwelling birds like Yellow wattled lapwing, Red wattled lapwing, Indian Robin and Barred buttonquails. Conserving these habitats will be helpful in protecting these birds.

Quotes from the participants: “The Campus Bird Count 2020 at Mangalore University was an experience of its own kind. Observing birds in their natural habitat gave me new perspective of viewing them not only as another living being, but as equals, or even of higher intelligence. The Campus Bird Count is an important step towards documenting bird life year after year, and creating awareness amongst youngsters, so that proper conservation steps can be taken to protect them from human interference”.

-Jyotsna Dessai ( 1 M.Sc Zoology)

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