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2020 Supreme(SC) 384

D.Y.CHANDRACHUD, AJAY RASTOGI
Triveni Kodkany – Appellant
Versus
Air India Limited – Respondent


Advocates Appeared:
For the Appellant(s) :Yeshwanth Shenoy, Prashant Padmanabhan, Asish Sarkar, Advocates
CA 5862/2019 :Shikhil Suri, Shiv Kumar Suri, Advocates
For the Respondent(s):Yeshwanth Shenoy, Prashant Padmanabhan, Asish Sarkar, Advocates
CA 2914/2019 :Jatinder Kumar Sethi, AG Mr. Saswat Pattnaik, Shikhil Suri, Shilpa Saini, Shiv Kumar Suri, Advocates

JUDGMENT

Dr. Dhananjaya Y. Chandrachud, J.

1 On 22 May 2010, flight IX 812 of Air India Express from Dubai to Mangalore crashed at Mangalore airport. One of the passengers aboard the ill-fated aircraft, who died in the accident, was Mahendra Kodkany. Mahendra was an expat employed as a Regional Director for the Middle Eastern Region with GTL Overseas (Middle East) FZ- LLC. His spouse, Triveni Kodkany submitted a claim on 10 March 2011 for compensation from Air India. Air India paid an amount of Rs 4,00,70,000 to her on 20 March 2012 against an indemnity. Apart from this, an amount of Rs 40 lakhs was in addition paid to the parents of the deceased. On 18 April 2012, the parents and the brother of the deceased instituted a suit against Air India to claim compensation. The Trial Court by its judgment dated 27 September 2018 decreed the claim of the mother of the deceased in the amount of Rs 70 lakhs. The claims of the father and the brother were dismissed.

2 The complaint out of which the present appeals arise was instituted on 18 May 2012 by the surviving spouse, son and daughter of


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