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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.

Bengaluru, July 23: The High Court of Karnataka has directed the state government to formulate Standard Operating Procedure (SOP) for child protection, particularly for cases of child pornography and child missing.

A division bench comprising Chief Justice Abhay Shreeniwas Oka and Justice M Nagaprasanna passed a detailed order and asked the state government to submit compliance within three months.

The division bench passed the order on two PILs, including a suo motu litigation registered in 2018. The PILs were registered to ensure effective implementation of the directions of the Supreme Court on the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act).

The bench observed that in normal courses, courts do not issue writ of mandamus to the legislature on rule-making aspects. However, when the failure of the state is demonstrated under exceptional circumstances, courts can issue directions. The bench directed the state government to expedite the rule-making process to ensure proper implementation of the JJ Act.

The bench expressed displeasure on the insensitive police investigation in cases of child pornography. “The police machinery did not show the sensitivity expected from it while dealing with cases of alleged child pornography. Therefore, it will be appropriate if the state issues SOP or guidelines for dealing with cases of child pornography so that proper investigation is carried out in such cases. As we are directing the formation of SOP for dealing with child pornography cases, the state is also directed to formulate guidelines on child missing cases,” the bench said.

The bench had been issuing several directions since 2018 and has also been monitoring police investigations. The court observed that while the state government has incorporated several directions, some issues still remain unaddressed.

The bench directed the government to have dedicated staff for the Directorate of Integrated Child Protection Scheme considering the sensitive nature of work.

On working of Juvenile Justice Boards (JJB), the court asked the Registrar General of the Karnataka High Court to issue directions to the principal magistrates of all the JJBs in the state to sit on all working days for a minimum of six hours a day. 

The high court directed the state to exercise the rule-making powers for obtaining an annual report from the State Commission for Protection of Child Rights.

Bengaluru, Jan 6: JD(S) leader H D Kumaraswamy on Monday said he would not get involved in any 'wicked act' of bringing down the B S Yediyurappa-led government in Karnataka, amid claims that 15 to 20 BJP MLAs were ready to come out.

Clarifying that he would not disturb the government, the former Chief Minister said for him, the development of the state was important. "With great difficulty, you (Yediyurappa) have become Chief Minister for the fourth time, (I am) happy, I have nowhere said that I will disturb your government. Even now some people come and ask why I'm sitting silent when 15-20 people are ready to come out of BJP and why don't I make an attempt (to poach them), Kumaraswamy said. Speaking to reporters in Hassan, he sought to know why he should get entangled in that 'sludge' and he was not in a hurry.

"I will not get involved in a wicked act of removing a responsible government like Yediyurappa did. For me the development of the state is important," he said.

Though Kumaraswamy had raised questions about the longevity of the BJP government ahead of the December 5 bypolls, he had even then given clear indications that he would not attempt to pull down the administration as it would affect the development of the state.

The ruling BJP had swept the by-elections by winning 12 of the total 15 seats, helping the Yediyurappa government retain the majority in the Assembly.

With BJP winning 12 of the 15 assembly constituencies, it's numbers went up from 105 (including an independent) to 117, which is well ahead of the halfway mark of 111 in a 223-member Assembly (two seats-- Maski and R R Nagar-- are vacant due to pending litigation in the High Court).

The BJP came to power after the Kumaraswamy-led Congress-JD(S) coalition government collapsed as 17 MLAs had rebelled against the alliance leadership and resigned as legislators, to later favour the saffron party.