Nine is mine' campaigners get a rousing reception in city

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.

Mangaluru, May 28: A pregnant woman who returned from Dubai in a repatriation flight suffered miscarriage after she was allegedly denied entry to her apartment flat and also refused proper treatment in the institutional quarantine.

Fathima was put in a paid quarantine facility after she returned on May 12 flight for her first delivery.

On the second day of her return, she tested negative for Covid-19 in the first test. As per SOP (Standard operating procedures) for pregnant women, she was ready to shift to her apartment, Shivdeep Residency, located at Shivbhag in the city for home quarantine.

However, the members of the Resident Welfare Association of the apartment who got a whiff of her arrival, called an emergency meeting the previous night and reportedly informed the pregnant woman that her entry to the flat would put other residents in trouble and suggested that she stay away.

Sources said the RWA consists of some serving and retired police officials.

With no other go, the woman continued in the paid quarantine.

Treatment for a pregnant woman?

Fathima's father-in-law Azeez Bastikar said the doctors who attended her during the quarantine did not provide proper healthcare required for a pregnant woman and also refused to touch her, out of fear.

Many a time, they did not even check her BP, saying that they ‘forgot to bring the kit’. When her situation worsened, the family members contacted several hospitals in the city but all of them allegedly refused to admit her, fearing the sealing down of the hospital in case she tests positive on the 14th day COVID test.

Finally, the six and half months pregnant woman was shifted to a clinic on Wednesday after her 14th day test had turned negative.

The doctors who checked her found out that she had suffered a miscarriage and operated on her to remove the stillborn. The doctors said further delay would have costed the woman her life.

Meanwhile, on Thursday, Azeez Bastikar approached Deputy Commissioner Sindhu B Rupesh, seeking action against the doctors and hospitals who denied treatment and the RWA who refused her entry to the apartment.

Stating that the ill-treatment meted out to her daughter-in-law by doctors and others added to her trauma resulting in the miscarriage, he appealed to the authorities to ensure that no one else is treated in a similar manner.

He said that Fathima and her husband live in Dubai and that she came to India for a safe delivery as the situation was critical in Dubai.

The paid quarantine facility where she had to continue after RWA denied her access, charged her Rs 60,000 for her stay.

Meanwhile, the MCC commissioner Ajith Kumar Hegde on Thursday issued a notice to Shivdeep Apartment for refusing Fathima's entry.

The apartment has to respond within three days, failing which legal action will be initiated against it.

Mangaluru, Feb 13: A college student was killed when a bullet tanker knocked his motorbike down near Nanthoor Circle in the city today. 

The deceased has been identified as Karthik Malya, a resident of Mannegudda. He was a final year degree student of Besant College in the city. 

The incident took place when Karthik was from Suratkal to Mangaluru. The bullet tanker reportedly hit the two-wheeler from behind and ran over him. He died on the spot.