10 years after Mangaluru Air crash, SC awards Rs 7.64 cr comp to kin of one of the victims

News Network
May 21, 2020

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

A.Rahman
 - 
Friday, 22 May 2020

First of all  A Salute To Lawyer One Who Handled This Case Against Carriers Mismanagement Wrong Action.

 

Sure this is the second victory for the lawyer against arriers mismanagement.

 

Over all it is the sign  of a profesional ; qualified  eligble  lawyers efforts and right decision from a capable knowlegable judge. Suit case operating lawyers cannot handle such specilized cases.

They lawyer may handled rest of the vicitms cases or he not. But for his siincere efforts for the past ten years delcares whatn he  is. Am personally met him and  witnessed his court appearance  hope and wish him all the best and success .

 

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News Network
March 27,2024

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At least seven people have been killed when Israeli warplanes bombed an emergency center in southern Lebanon near the border with the 1948 Israeli-occupied territories with air-to-surface missiles, according to Lebanese security sources.

Two sources, speaking on condition of anonymity said early on Wednesday that the strike targeted the Islamic Group’s emergency and relief center in Lebanon’s southern village of Habbariyeh.

Jamaa Islamiya, a Lebanese group closely linked to the Gaza-based Palestinian resistance movement Hamas, said in a statement that “a number” of people had been killed, and called the strike a “heinous crime.”

An official from the group said “seven rescuers” were killed in the aerial assault.

Another Jamaa Islamiya official, also requesting anonymity, said a dozen medical staff were in the emergency center at the time of the strike, adding that bodies were being pulled from the rubble.

Lebanese lawmaker Hassan Mrad said “the Israeli aggression on Habbariyeh adds to the long list of Israeli crimes.”

Israel has been launching air strikes against Lebanon since the beginning of its onslaught against the Gaza Strip in early October.

An Israeli strike knocked down part of a building in the southern Lebanese city of Nabatiyeh on February 14, killing seven members of the same family, including a child, Lebanon’s official National News Agency said. A boy initially reported missing was found alive under the rubble.

In a separate Israeli attack, a woman and her two children were killed in the village of as-Sawana in southern Lebanon.

The Israeli regime launched its devastating hostilities in the Gaza Strip on October 7 after the territory’s Hamas-led Palestinian resistance groups carried out a surprise retaliatory attack, dubbed Operation Al-Aqsa Storm, against the occupying entity.

Israel's raids have resulted in retaliatory strikes from Hezbollah in support of the Palestinian people in the Gaza Strip.

The movement has vowed to keep up its retaliatory operations as long as the Tel Aviv regime continues its onslaught on Gaza.

The Israeli campaign in Gaza has killed at least 32,414 people, most of them women and children. Another 74,787 individuals have also been wounded.

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News Network
March 14,2024

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Mangaluru, Mar 14: “Hindutva is my commitment and development is my priority,” said Indian army veteran and entrepreneur Captain Brijesh Chowta after the BJP high command announced a ticket to him from Dakshina Kannada Lok Sabha constituency.

Known as a BJP stronghold, Nalin Kumar Kateel has served as the MP of this constituency for the past 15 years.

Soon after the announcement was made, 42-year-old Chowta, who is also the BJP state secretary from Dakshina Kannada constituency, sought the blessings of his parents and went to Shree Sharavu Mahaganapathi Temple and visited the war memorial to offer tributes.

A BSc graduate from St Aloysius College, he completed his executive business Management program from the Indian Institute of Management, Indore.

He was commissioned into the 7th battalion of the 8 Gorkha Rifles and served in counter-insurgency operations in Assam and Manipur and was part of Elite Ghatak team. He also served as the adjutant to the battalion. He has been associated with the BJP since 2013. He is the president of Mangaluru Kambala and organiser of Mangaluru Lit Fest.

“Humbled and grateful to our party seniors led by our commander-in-chief PM Narendra Modi for giving me this opportunity to be our party’s candidate and representative of his work and vision in Dakshina Kannada. I pledge to continue to work with even greater rigour for the welfare of our region and people driven by the mantra of ‘Nation First’. I humbly bow down to all our karyakartas & everyone who stood by me & toiled with me to make this happen. Our task has just begun, as we work towards making Dakshina Kannada the number one in the state,” Captain Chowta said on X.

Kateel welcomes change 

Meanwhile, sitting Dakshina Kannada MP Nalin Kumar Kateel has welcomed the party’s decision to field Capt Brijesh Chowta as the BJP candidate for Dakshina Kannada Lok Sabha constituency.

He said the change aligns with the party’s strategy of fostering new talent to broaden its base and activities. He hoped that he will win by a margin of more than 3 lakh votes.

Soon after the list was announced on Wednesday, the three-time MP told reporters that he has brought projects worth about Rs 1 lakh crore during the last 10 years, under the Modi government.

He thanked the party for giving him a big responsibility of leading the party in the state. “I have worked honestly,” he said.

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News Network
March 19,2024

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Mangaluru: The Mangalore International Airport (MIA) will connect to a new domestic destination with the introduction of a non-stop flight to Tiruchirappalli International Airport in Tamil Nadu. 

The non-stop service, once-a-week, will operate on Wednesday (from TIA) and Thursday (from MIA), starting April 3. Air India Express will operate the flight.

The flight is expected to help those taking up a pilgrimage to Vailankani shrine.

Sources from the AIE said that the airline carrier decided to fly non-stop between the two southern Indian cities as a flight to Jeddah, which will start from April 3, arrives from Tiruchirappalli International Airport. 

“It is a ferry or positional flight from TIA to MIA. Instead of flying empty, the management has decided to run it as a commercial flight. This will help both passengers and the airline. The airline will deploy Boeing 737-800 aircraft with a 186-seater all-economy configuration on this route. 

The same flight, after landing in MIA, will further fly to Jeddah,” a source said. 

The flight IX 1498 will depart every Thursday at 5am from MIA to TIA. The TIA-MIA flight IX 1499 departs at 12.50pm. It is a one-hour nonstop flight. The same flights will also operate nonstop between Jeddah and MIA. 

The non-stop flight IX 499 will depart MIA at 2.50pm and reach King Abdulaziz International Airport, Jeddah at 6.25pm. The IX498, will depart from Jeddah at 7.25pm and reach MIA early at 3.40am.

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