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
We pray to ALLAH, for your quick recovery
May ALLAH Help you
All the best Mr. Bava!
Bawa ka Eer daane mool?
Yaan moole Yereg aauwuye kiri kiri Car d popina
Mool ragaale ijji selfie geppuni jappuni hahaha.......
Whatever may people say.... Mr. Moideen Bava is able bring a lot of money from state govt or central govt. to his region...and works are in progress. I am not aware of much in politics, but Bava's smiling Photos we can see everywhere (especially in Krishnapura)...and he is a happy man. His smiling face even in the hospital is some thing explains what is \Moideen Bava\". I pray for a speedy recovery. Let him learn more and take interest in helping all poor people of his region whatever may be their religion (Hindu, Muslim, Christian....all.)"
KEEP HOPE ON ALMIGHTY AND HE WILL PROTECT YOU FROM ALL OBSTACLES AND HINDRANCES BY PROVDINDG SERVICES TO THE PEOPLE HONESTLY.
WISH U SPEEDY RECOVERY.
Oh we can see comments from tolerant guys here..
We wish you a speedy recovery bhai.. May Allah protect you and all muslims from all evils.
our prayer are with u MR Bava u have done very good work for surathkal blessing from poor people is always with u
GET WELL SOON
Moideen Bava a Great Personality !!!!!!!!!!! u got 100 crores people blessing.
all goes well, praying for u always.
get well soon bava ji...
our MLA moideen bava we are proud to have u here in our constituency. we expect more good work from your side, for that u have to be healthy and smart. praying always for u, get well soon, will try to visit hospital.
Big Fraud !!!!!!
nobody can do anything to bava as far as we are there, look like bjp is jelousy on bava, may be their is hand behind of this incident
Really sad to hear this, get well soon bava we are with u, u have done very good development work in our locality. we are always kind to u.
ohhh really tragic incident look at the car... praying for speedy recovery of bava kaka.
just missed !!! next time bava be careful :).
ohh bava!!! allah is always with u... people's dua will save u always from all the incidents, keep the good work up, Please careful next time, change the driver soon,
our prayers are with u bava, u have done very good work in surathkal locality, poor people's blessing is always with u, get well soon
Avoid Hitting a pedestrian, pedestrian kathe govinda.
Rash driving caused this accident, Moideen Bava Should be charged.
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