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
Ache din ki maa ki aur Modi ki .....
Modi visits all country for yoga publicity.
Why he is silent on protecting cows(hindu god) in foreign country ?
RSS and all hindu Groups should approach foreign country to stop killing their Gods, If foreign country rejects their proposal then they should take actions to boycott foreign goods.
Is there any man in RSS or Hindu group to stop killing of Hindu God in the world ?
Impotent people can bark in their boundary only with their hired media.
After all God is more important than Yoga.
WHO ARE THE JUDGES?
NOW A COW IS SAFE THAN A HUMAN BEING.
AMERICA imports and eats hindu god daily. Why modi is silent on this issue ?
He should approach other country to protect hindu god. Which is weaker by nature.
Impotent justice from impotent people. Expecting justice from idol worshipper is totally wrong.
Kabir Meat exporting company is run by RSS people. It kills millions of Hindu God daily.
Why there is no FIR against them?
Modi has given subsidy to kill hindu god.
If the did kill a cow they do deserve punishment , Did modi make him kill a cow ?
This is called justice....?
Modi Government is trying to get these murderers out from the jail to use them in the upcoming election in Uttar Pradesh....what a tragedy...there is no value for human kind...no humanity left in this country...by hook or crook these crooks want to rule the country....
HEADS UP TO OUR INDIAN LAW,
ACCHE DIN KI CHAMATH KAAAR...
Delay tactics to Justice, so grieved family get fed up by this way...common ppl loose confidence on law system in our country
Why there is no FIR against Sangeet Som who is killing cow every day and exprting under Al Anam and other company name? Can the activists and govt take any action against this guy?
What a joke yar,,,,,,this is the stupid RSS and BJP
A big Joke of the year
Add new comment