Ukkash\u00a0F | Sastra School of Law, Tamil Nadu | 21st May 2020\u00a0<\/p>\n\n\n\n
Triveni Kodkany and Others Vs Air India Limited and Others\u00a0<\/strong><\/p>\n\n\n\n FACTS OF THE CASE<\/strong><\/p>\n\n\n\n The Supreme Court in this case granted the largest compensation for an individual where he died in a plane crash. The amount was Rs.7,64,29,437. The deceased was an employee at Middle Eastern Region with GTL Overseas. <\/p>\n\n\n\n Cross appeals were filed during the proceedings. Air India has also filed an appeal challenging the order of the NCDRC. By its judgment dated 10 December 2018, the NCDRC determined the total income as AED 4,52,395 by deducting the telephone allowance of AED 30,000. The telephone allowance was deducted by the NCDRC where after converting in Indian Rupees, 20 percent of personal expenses were deducted.<\/p>\n\n\n\n ISSUE<\/strong><\/p>\n\n\n\n SUBMISSIONS<\/strong><\/p>\n\n\n\n The following are the submissions urged on behalf of the complainants <\/p>\n\n\n\n The following are the submissions on behalf of the respondents.<\/p>\n\n\n\n COURT\u2019S DECISION<\/strong><\/p>\n\n\n\n The bench ruled that there must be no exclusion of telephone and travel allowances for the purpose of computation. <\/u><\/em><\/strong>It was held that the income must be assessed based on the entitlement of the employee.<\/p>\n\n\n\n Moreover, the submission of considering the additional benefits & performance incentives of the employee was rejected <\/u><\/em><\/strong>that the employee can be entitled to a specific quantum and not on speculation. <\/p>\n\n\n\n By placing the reliance on the case, Sarla Verma v. Delhi Transport Corporation<\/u><\/em><\/strong> the bench deducted the personal expenses 1\/4th<\/sup> of the basis of number of dependent family members.<\/p>\n\n\n\n In the event that the amount which has been paid by Air India is in excess of the amount payable under the present judgment in terms of the above order, the Court directed under Article 142 of the Constitution, that the excess, if any, shall not be recoverable from the claimants.<\/p>\n\n\n\n CONCLUSION<\/strong><\/p>\n\n\n\n This case will be benched for the largest compensation to be given in an individual case. The ruling was made by Justice Chandrachud and Justice Ajay Rastogi.<\/p>\n\n\n\n Ukkash\u00a0F | Sastra School of Law, Tamil Nadu | 21st May 2020\u00a0 Triveni Kodkany and Others Vs Air India Limited and Others\u00a0 FACTS OF THE CASE The Supreme Court in this case granted the largest compensation for an individual where he died in a plane crash. The amount was Rs.7,64,29,437. The deceased was an employee […]<\/p>\n","protected":false},"author":167,"featured_media":1664,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[66,26],"tags":[],"yoast_head":"\n
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