Mangalore Air Crash: Air India Files Appeal against Compensation Order


Mangalore Air Crash: Air India Files Appeal against Compensation Order

Kochi, Aug 12 (PTI): Air India today filed an appeal in the Kerala High Court challenging its order to pay compensation of Rs75 lakh to kin of each of 158 passengers killed in the Mangalore air crash in May last year.

The petition questioned whether the Montreal Convention, incorporated into Indian laws by the Carriage by Air (Amendment) Act 2009, imposes on AI a minimum liability of one lakh Special Drawing Rights (equivalent to Rs70 lakh) per passenger in the event of death in an air accident. SDR is a special currency issued by IMF.

It said a single judge's conclusion that AI has to pay one lakh SDRs to each of the victim's relatives was 'totally inconsistent' with and contrary to relevant statutory provisions in the convention and incorporated in the Third schedule to Act, 1972.

As such, it was inconsistent with and contrary to the application of this treaty by its sister signatories, AI said in the appeal, likely to come up before the court on Monday.

The appellant stated that the liability of an air carrier for the death of a passenger consequent to an air accident is governed by the amended Carriage by Air act to the exclusion of all other laws in force in India.

Air India said it had disbursed an ad hoc compensation of Rs10 lakh to the family members of each adult passenger and Rs5 lakh to the family members of each deceased child as interim compensation.

 

  

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Comment on this article

  • Mohd , Kasaragod

    Sun, Aug 14 2011

    Dear Helen Lobo,
    AI's Insurer Managment Reliance. so all officers and politician will help Ambani team not public or crash victims.

    DisAgree Agree Reply Report Abuse

  • Rudolf, Bantwal

    Sun, Aug 14 2011

    Air India is already running on huge losses and living on borrowed time. The employee's salaries are getting delayed for 2-3 months. It reportedly incurs losses of crores of Rupees every single day.

    But, here it is strange that after announcing that they are not going to contest this HC judgement in the apex court, they filing an appeal again for a 3 bench hearing. Nanavati cannot be blamed at all because he is a professional lawyer and doing the job for his clients. The law of the land is the same, both for the rich and the poor so no one can stall AirIndia from contesting the judgement. If the case indeed has no merit then sure the judgment will come in the next of kin's favor, why not wait for sometime instead of going the illegal and forceful way!! We have got an excellent apex court who will sort out the matter on a fast track basis!! Victim’s kin should have patience if they want very good compensation!!

    It is an irony, in the cases of loss of life in a flying disaster, next of kin are eligible of such high compensation. Just imagine death in a State transport bus or train, what the next of kin get, just think??

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  • George Hatcher, USA

    Sat, Aug 13 2011

    The Montreal Treaty does not provide for minimum compensation of 100,000 SDRs, instead, 100 SDRs is the maximum operator is mandated to pay without argument provided there is provable damages amounting to at least 100,000 SDRs. However, if the decedent family can prove damages above 100,000 SDRs, then, under Tier II of the Montreal Treaty, the operator must pay an amount, without limit. Documentation and expert representation is what families need. Do not give in to this dance by insurance carriers lawyers.

    There is a provision to keep Tier II from applying but Air India has the burden of proof to to prove that such damages being claimed were not due to its negligence or other wrongful act or omission, or such damages were solely due to the negligence or other wrongful act or omission by a third party. Believe me, Air India will never prove this, therefore, if you can prove up an amount of damages, no matter how high, Air India will be held accountable. I'm not a lawyer so this is not legal advice, but, this is the way it is. And of course, Air India Attorneys will never tell you about Tier II -
    george@aircrashconsultants.com

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  • A.S.Mathew, U.S.A.

    Sat, Aug 13 2011

    MS. HELEN LOBO: From your statement it is obvious that you are a peace-lover and deeply believe
    in "fatalism". That is a good avenue to find peace.

    Dr. Douglas A. Widgmann, professor of the Department of Human Factors at the University of Illinois who is an international authority on the role of humans in mega accidents said that 60-80% of the
    modern plane crashes are due to human error. Air India Boeing 737-800 (the biggest of the 737 series) was landed at the middle of the runway, and had not enough
    runway left to stop on time. So went out and crashed. The Russian pilot was sleepy and tired, was
    disoriented that day, so made the wrong decision even by overtaking the objection of the Indian co-pilot. Air India's grave recklessness can't be interwoven
    with the spirituality of "fatalism"
    and escape.

    Mr. Ghadhafi was forced to pay 10 million U.S. dollars to each dead
    person's family (270/ 2.7 billion) for the Dec 21, 1988 PanAm Lockerbie crash caused by terrorism. As
    MR. RONALD D has suggested, the minimum payment must be at least
    Rs. 1 Crore in today's cost of living. The passengers were not flying free or charge, but paid
    full.

    You might have flown either 1st class or Business class to get such supreme service. Please visit
    www.skytrax.com to read about the
    interntional rating of all the airlines of the world and specifically about AIR INDIA.
    Patriotism is a must but many will be less patriotic if AI is not responsible in service.

    DisAgree Agree Reply Report Abuse

  • S.ABDUL RAHEEMAN SAHEB, SIDDAPUR-UDUPI/SAUDIA ARABIA

    Sat, Aug 13 2011

    ....if you or your son/daughter were in that flight then also your answer is the same.....?

    DisAgree Agree Reply Report Abuse

  • Helen Lobo, Karnataka

    Sat, Aug 13 2011

    Any disaster is not human made, it is ones destiny. Then why blame the carrier and the individual running the carrier. When a person dies a natural death whom do you blame. And the compensation asked by the victims kin is exhorbitant, be realistic. Why do you all have a negative opinion against our national carrier. I have been travelling by this carrier for the last 30 years and find it the best.

    DisAgree Agree Reply Report Abuse

  • Fr. Prakash, Mangalore University

    Fri, Aug 12 2011

    How will the Managementof AI understand the agony and sorrows of the dearones who lost lives in the Air Crash. The officers are enjoying all the facilities. Cut their facilities too. When their facilities are cut they are on strike. Moreover if these officers children were the part of accident would they have acted or behaved in the same way? Please understand the matter. Help to Rehabilitate the families by paying the full compensation instead of incresing their pain.

    DisAgree Agree Reply Report Abuse

  • teresa, Mangalore

    Fri, Aug 12 2011

    People out there when ever you board a flight pray for the pilot, co pilot and the airhostess that God may guard your flight and the path
    Surrender everything to God even the people who travel. IMPORTANT

    DisAgree Agree Reply Report Abuse

  • Hamdan, Dubai/Katapady

    Fri, Aug 12 2011

    Nothing is going to happen. AI will never pay the compensation, this case will drag till AI is in service. Shame on National Carrier, everybody should boycott AI. As i dont travel AI from dubai. People start boycotting the flight and after that AI will realise the matter.

    DisAgree Agree Reply Report Abuse

  • A. S. Mathew, U.S.A.

    Fri, Aug 12 2011

    The great flying Maharaj called
    " Air India" is going to get another big slap on the face from the travelling and non-travelling
    public for filing appeal against
    compensation order. Already Air India is flying like a crippled jogger: this may be the final blow
    before its final landing.

    Who gave Air India the legal right to put monetary value on human
    life? Their recklessness destroyed
    many innocent human lives and pushed hundreds of
    their relatives to eternal sorrow.

    DisAgree Agree Reply Report Abuse

  • ISMAIL.K.PERINJE, PERINJE-YANBU/KSA

    Fri, Aug 12 2011

    Crocodile tears shed by AIR INDIA when accident happened. It condemn able in strictest terms the way our national Carrier treats the victims.Govt of India and Aviation ministry in particular deserves an explanation to the family of the AIR INDIA victims of Air crash.LOSS MAKING NATIONAL CARRIER AIRINDIA SHOULD BE DIS INVESTED for the good of INDIAN CITIZENS.

    DisAgree Agree Reply Report Abuse

  • Siddarth, Konaje

    Fri, Aug 12 2011

    Nanavathi wants to play with Mangaloreans Blood. If so it will be very tuff and danger for him.
    Jai Hind
    Jaya Karnataka
    Jaya Mangalore

    DisAgree Agree Reply Report Abuse

  • kiranD'souza, Udupi

    Fri, Aug 12 2011

    This is really shameful act from our National Carrier.India govt have to take strict action against Air Indias culprit management and their so called aviation vulturine lawyer Nanvathi.Earlier this fellow given public statement that he will repsect High Court Verdict and he will settle all pending case.While view on all previous GLOBAL crash settlement,there is no any error from KERALA HIGH COURT verdict.d minimum 100000SDR, air line has to pay as FIRST TIER liability and for the remaining SECOND tier liability settlement based on proven loss and damage definately that will go further high.

    Since most of the vicitms are in well position and lived with a high profile life in DUBAI Air India well aware that will hit on their NECK. If they file appeal. Good rest of the victims will file the case in DUBAI court.No matter DUBAI court never take much time for settlement.
    God Is Great. If the Vulture becomes more stubborn sorry KIN will helpless - worst will come vewry soon.

    DisAgree Agree Reply Report Abuse

  • Ronald D, Udupi

    Fri, Aug 12 2011

    AIE should pay minimum 1 crore to each passenger perished in the crash, considering the amount for the ticket they are charging a passenger! It is double of luxury economy fare compared to other airline!! People may be less agressive if they charge max Dhs 1400 per return ticket mlore -Dubai!! Look at the fare for December(Dhs 2600 ie, Rs30,000)!! Who is fixing it? Who is approving such fare? who is determining fare of the budget airline?? More over....passegenfer paying through the nose gets a raw deal!! Worse than a begger!! We all should fight for an alternative airline so that AIE cancelles their flight for lack of passengers!! Let people enjoy a better travel time with trained staff!!

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  • Gurudath, Mumbai/M'lore

    Fri, Aug 12 2011

    Cheats. Supreme court should increase the compensation amount.

    DisAgree Agree Reply Report Abuse


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