Sex with wife under 18 will be considered rape: Supreme Court

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.

Dubai, May 18: An Indian working in a mining company in the UAE has become the latest expatriate to have lost his job for hate-filled social media posts targeting Islam and Muslims.

Brajkishore Gupta was fired without notice for calling Indian Muslims 'coronavirus spreaders' and hailing the Delhi violence as 'divine justice' in his Facebook posts.

Gupta, who is from Chapra, Bihar, was employed by Stevin Rock, a mining company headquartered in Ras Al Khaimah city.

"This isolated incident involving a junior employee was investigated and dealt with immediately resulting in the termination without notice of this person's employment with Stevin Rock," said the company's business development and exploration manager Jean-Francois Milian.

"Our company policy supports the direction of the UAE government in promoting tolerance and equality and strongly renouncing racism and discrimination and we have sent communications to all of our employees irrespective of their religious or ethnic background reminding them that any such behaviour is unacceptable and will lead to immediate dismissal," Milian was quoted as saying in the report.

Three Indians based in the UAE were either fired or suspended from their jobs for "Islamophobic" posts on social media early this month.

On April 20, India's ambassador to the UAE Pavan Kapoor had warned Indian expatriates against such behaviour.

"India and UAE share the value of non-discrimination on any grounds. Discrimination is against our moral fabric and the Rule of law. Indian nationals in the UAE should always remember this," he said in a tweet.

Last month, Sharjah-based businessman Sohan Roy had to apologise for "unintentionally hurting religious sentiments" through his poem, which alluded to a Muslim religious group.

In March, chef Trilok Singh was fired from a restaurant in Dubai for an online threat against a student in Delhi over her views on the Citizenship Amendment Act.