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
Nothing to say ! Everything is in the name of Dargha fights route cause is Un-Islamic.
Wrong people of the RIGHT-RELIGION.
Desecrating grave and Ullal Kazi khoora Thangal and SSF electing a rowdy who spending night at bar as Darga president against majority wishes
these two example enough for how low people can go for Darga business
lock down darga to save people from hell fire
really inhuman incident. must be hanged whoever made this crime.
These people trying to take advantage of Minister's patience. May Almighty Allah rest in peace his parents. Aameen
either minister or common people , writings on graves , building permanent structures not allowed in islam, muslims should avoid it... people can not show their anger by destroying such things, or degrading graves... only fools and ignorant muslims only can do such things... those fighting for power, should understand that you are fighting for unlawful money , dargha itself is un islamic thing for muslims... Prophet Muhammed (pbuh) ordered to destroy such dargahs, muslims also follow that way only...
what UT Khader did now, this people fighting for dargah's president ship. and damaging ut khader's parents graves is different issue.
as Monu Borkala said,
the above incident clearly says Dargah business is very profitable and it does not have any islamic background, and i must say that for money this type of people will kill anybody and do above incident further,
inhuman can do this crime. totally i must say its wrong. for all of us parents means its like a god to us, for the memory we build their grave, it feels like they are with us, damaging grave is like playing with emotions.
Whoever did this job is highly condemnable at the same time being a well wisher of U.T.Khader we are expecting our Minister to act fairly in the trouble unfolding in Ullal dargah. He is taking wrong side by siding with SSF people against the wishes of people of Ullal. It was clear by recent election to Dargah Committee majority of 27 out of 49 members elected a president instead of supporting people verdict sending government official of waqf at mid night to lock the Dargah chamber is highly condemnable.
UT Khader's big Fan, this must be a work of SDPI, if dog bark on the street let them bark, we should not think about it.
khader sir we are with you, whatever damage they have done to you the same in other way they will go through it.
Dont worry khader bhai, not a big deal to build a newer one. let this dogs go to the hell.
sad news, whatever the issue is touching someone's grave is totally wrong. i can proudly shout \humanity lost\"."
the above incident clearly says Dargah business is very profitable and it does not have any islamic background
catch those mad dogs and grave them in road.
UT khader's father was a great man he sacrificed so much to the society. this is clearly a horrible violence.
this is totally wrong, the politician or common man. should not touch the grave of the parents, some mad dogs did this
Devotees? These are humans with the worst order. And they want to take iver management of a dargah... obviously for corrupt purpose. #Shame
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