Mangalore Air Crash First Anniversary : Compensation is No Consolation for Wounded Hearts
by Florine Roche
Pics by Dayananda Kukkaje
Daijiworld Media Network - Mangalore
Mangalore, May 22: "Death is the ultimate unknowable", and nowhere is a better manifestation of this truth than the catastrophe that hit Mangalore on the fateful day of May 22, 2010, when the Dubai-Mangalore Air India Express IX 812 crashed and turned into a ball of inferno, killing 158 people on board.
The smiling, eager and enthusiastic people, some of who were returning home for the first time, were consumed in the blaze following the crash. It is true that those who have lost their lives have lost them forever and nothing can bring them back. For the family members of those who died, some of whom had lost multiple members of the family, life has become a living hell, with heartbreaking memories adding to the trauma. Only those who have gone through the painful, tormenting, agonizing, terrifying and excruciating moments of living life with the memories of losing their near and dear ones will be able to explain better what a living hell is all about. On that fateful day many families lost the only earning member of their family and in some cases entire families were wiped out.
It is a year since that tragic crash, the biggest one in the civil aviation history of Mangalore and the painful memories and wounds of that day are as fresh as ever, refusing to fade with the passage of time. Consoling words of sympathy and even empathy can only mask the wounded psyche of the families and not even copious amount of compensation can bring back the dear ones. Those who have lost their lives will always be in the thoughts of their near and dear ones. The best way to honour their death is to fight for their living and that is what the families of the victims have been doing ever since.
Victims' Families Left in the Lurch
158 people had perished on May 22, 2010 when Dubai-Mangalore flight IX 812 overshot the runway and plunged into a deep gorge and only eight persons survived the crash. While the wounds are fresh even after a year what is even more disquieting is the rubbing of salt on these wounds as families of the victims are still left in the lurch as far as the compensation is concerned. Compensation plays a vital role in meeting the financial, physical, emotional and social needs of kins of victims and also helps them to overcome the tragedy to some extent. Though Air India officials who had come to Mangalore soon after the crash to pay condolences to the families had promised to settle compensation claims within the next three months, so far Mulla and Mulla, the legal consultants of Air India have been able to settle only about 56 cases so far.
Sometime back about 60 families of the victims refused Air India's offer and approached the Swedish law firm Liman Partners S E, represented by Stephen Ericson and Urban Olson and they are confident of getting more compensation. Now that the pilot error (not technical fault) in this crash is established, there is every possibility that the compensation amount will be much more than what the victims are generally entitled to as per Montreal convention. The findings of the inquiry by Air Marshall Neelkanth Ghokale clearly established that Air India’s pilot Glusica Zlatko was solely responsible for the crash. According to the cockpit voice recorder pilot Zlatko had slept for over 90 minutes during the flight from Dubai to Mangalore and had not heeded the repeated suggestions of his deputy Capt Alhuwalia to go around, resulting in the mishap.
The families of victims accuse Air India officials and their lawyers Mulla and Mulla of being insensitive to the feelings of the families of the deceased and of humiliating them by bargaining, discriminating and denigrating the value of the dead people and are unhappy with the way they have been treated. Their argument is "When there is no difference in the fare why differentiate while paying compensation?" Varadraj Kayyangal, legal advisor for the Association says, "The other day I was a witness to what Nanavati was saying to the aged parents of one of the victims. He offered them Rs 35 lacs as compensation saying this money would fetch them a monthly income of Rs 27,000 and that if their son was alive they would not have got so much money. I just wonder how a person can talk in such a manner to aged parents or the families of victims. How can we trust such lawyers who refuse to show minimum courtesy to the families of victims?" Varadraj had lost his wife’s brother Jayaram Kotian, his wife Chitra Kotian and son Rahul Kotian in the plane crash, thus wiping out the entire family.
Disgusted with the insensate attitude and the bargaining tactics adopted by Mulla and Mulla the families of the deceased formed an association called Mangalore Air crash victims' families association, to ensure they are compensated adequately for the economic and non-economic losses suffered by these families as a result of this tragic incident. The economic loss includes loss of income whereas non-economic loss included pain, grief, anguish, separation and other non-monetary losses suffered by the families of the victims. Generally, the world over, compensation for non-economic losses is much higher than the economic losses as it is not possible to expiate the loss of life only in terms of loss of income. The victims accuse Air India of maintaining a studied silence on this issue of non-economic losses which warrants more merit and attention than the loss of income.
As Mohammed Beary, president of Mangalore Air Crash Victims Families Association says, "We are not fighting for money. We are fighting for justice. In the years to come if such a calamity occurs (god forbid) those families should not be deprived of justice just because we have failed in our efforts". Mohammed Beary had lost four members of his family in the crash that included his sister-in-law, her sister, sister’s daughter and daughter’s child. He argues that in addition to coping with the loss of family members the victims felt humiliated by the bargaining tactics of the lawyers and the discriminatory compensation given to surviving family members.
Mohammed Beary says, "I agree that the compensation is to be given based on income loss. But what is appalling is that Air India offers only 35 lacs for ladies who perished in the crash saying they were not earning members, which is an insult to women. Moreover if calculation is based on income of the dead person and status of the family, how can Mulla and Mulla increase the compensation in the bargain, up to 45 lacs within a matter of few hours? Loss of income and status of the family cannot vary significantly in a matter of hours. I have asked RTI question as to the mode of calculation of compensation. Let me wait and see".
The Hitch
Mohammed Beary says according to Montreal Convention, to which India is a signatory, and which guides all air disasters, every person who dies in an air crash on any international flight is entitled to get a final compensation of $ 1,76,000 SDRs (Standard Drawing Rate). This amounts to about Rs. 75 lacs for every person. Though Hoshang D Nanavati of Mulla and Mulla has promised that each case has been examined on the proof of loss basis, irrespective of the compensation, what they have offered is much lesser than what was promised by the then Civil Aviation Minister Praful Patel.
File Pic: Mohd Beary addressing press conference
Relatives of the crash victims are piqued by the fact that the legal firm Mulla and Mulla is calculating compensation on the basis of "loss of livelihood rather than the loss of life", and hence the difference in the compensation offered to different families of the survivors. The present Civil Aviation Minister Vayalar Ravi has positively responded to the woes of the families of victims and has promised to accelerate the process of disbursal of compensation. However, the process has been delayed due to a pending case in Kerala High Court filed by one of the family members of the victims.
Last month Nanavati representing Mulla and Mulla was in Mangalore and said that many families of victims have received more than Rs 75 lacs based on proof of loss basis, calculated on the basis of an exercise essential to place the family members in the same financial position as they would have been if the victim had not died. Though Nanavati and co are saying they are making concerted efforts to settle all cases within the two year period, the issue is mired in controversies due to allegations of unfair settlements.
Though many families of victims of the air crash are at loggerheads with Mulla and Mulla, some victims have opted for settlement and some are compelled to settle the matter of compensation. A few have chosen to take whatever is offered rather than bargaining as they feel whatever might be the amount of compensation, it cannot bring back lives lost.
Money is Not Everything
Vincy Lobo of Shankarapura whose wife Flavia and two children Venisha and Vishal had died in the crash settled for a compensation of Rs. 30 lacs for his wife and Rs. 25 lacs each for his two children. Vincy who runs his own business in Dubai was desperate and inconsolable following the loss of three precious lives and was grief-stricken for quite some time. However, he gathered his wits and nearly 4 months after the crash went back to Dubai to keep himself busy, though he has not been able to overcome the loss and will never be.
Venisha, Vishal and Flavia Lobo
He says, "Money was not my aim and I don’t aspire for that blood money. When I have lost my wife and children what will I do with the money? Money cannot bring me back my family which is gone forever. I don’t have the inclination or the zest to fight as I don’t believe money can expiate what I have lost. I don’t have time to run around the lawyers and so I have opted for settlement". Vincy has come to Shankarpura for a few days for the yearly mass. He says "I have not gone for any counseling. I visit the cemetery everyday as long as I am in Shankarapura. That is the only way I can find some solace and peace of mind".
Vincy says that he has seen other family members of victims at the meetings, who he feels are greedy. He says that for some compensation is a necessity as they might have lost the only earning member of the family. For many others, their own blood is not lost in the accident and they want to grab as much as they get. Many members of the families of victims, however, claim that they are fighting for a cause, so they set a good precedent for others.
Similarly, the parents of Jayaram Kotian are also looking forward for a settlement with Mulla and Mulla during the next visit of Nanavati to Mangalore. "Jayaram’s parents are in their late 60’s and they do not have the energy and enthusiasm for further delaying the settlement. So it makes sense to settle the matter once and for all, even though the amount they might get is much less than what is expected", Varadaraj says.
Survivors' Tales of Woes
While the families of victims are left in the lurch the woes of the survivors are no different. Joel Pratap D'Souza of Vamanjoor, one of the 8 lucky survivors feels he is not lucky as is envisaged by many. He might have survived the crash but ever since has been leading an a pathetic life. Joel was one of the first one to jump out and report the crash to the authorities. Though Air India took care of his medical bills at KMC and the state and the central government gave him a compensation of Rs. 2.5 lacs Joel is crestfallen and is in a state of turmoil not knowing what to do from here.
Survivors : Pradeep, Usman, Joel, Mahin,Krishnan, Ummar, Sabrina
Joel Pratap D'Souza
Apart from the mental trauma of surviving the crash he is now saddled with health problems due to slip disc he suffered due to the fall and is unable to do any hard work. He has lost his job abroad as he could not join them due to the injury he sustained. "Air India had promised to provide me a job and I have submitted my application there. But I have not received any communication from them in the last one year. Now I am wasting my time at home not knowing my next course of action. I have become lazy, disoriented and have lost all enthusiasm", he says with a tinge of sadness. Joel has not heard anything from Mulla and Mulla for the loss of income he has suffered due to the loss of job following the crash. For a 25 year old young man sitting at home without a job is certainly a hell. Though his family has been very supportive Joel feels that he cannot go on with their support any longer and need to work to support the family.
27-year-old Umar Farooq’s case is no different, except for the fact that Mulla and Mulla have contacted him offering compensation for the loss of income he suffered. Umar who is from Ullal, is also one of the lucky 8 who escaped from the jaws of death from the ill-fated plane, only with burn injuries on his hands and face. Though he has recovered remarkably in the last one year doctors have advised him not to go in the sun. Farooq has also received only 2.5 lac compensation from the state and central government and the assurance of giving a job in Air India has not fructified so far. Though Farooq had a job in Dubai his parents are not willing to send him back to the gulf to work. He has joined the Association formed for the purpose of fighting for compensation and last week Nanavati called him saying he will be compensated adequately for the loss of income.
Farooq says "the agony of surviving an air crash is much more as every day I have to relive that experience. If life has been normal it would be easy to get on. But lazing around at home without any job is a punishment one wouldn’t inflict even on one’s worst enemy. Life has been like a living hell and I don’t see any way out".
Pradeep from Tannirbhavi is also undergoing similar experience as life is at crossroads for him ever since the fateful day. Just a year back he was supporting his family financially but it is the other way round. He feels he is a burden as his parents are not inclined to send him abroad again. He is mentally and emotionally tired and dejected without knowing where to go from here as the life ahead looks completely dark without light at the end of the tunnel.
While recounting their experience of having a new lease of life after surviving the crash the survivors have revealed an interesting aspect of the incident. Most of the survivors of the crash attribute their survival to just one reason. By quirk of fate or destiny most of them had unfastened their seat belt even before the landing of the plane, within a few seconds of the first announcement of the plane approaching the Mangalore airport was made by the flight attendants. This revelation is significant because most of the charred dead bodies were found on the seats of the plane with their seat belts on. There is every possibility that the passengers might have struggled to get out of the seats but were consumed by the inferno in a matter of few seconds before they could wriggle out. One can say it was just quirk of fate because it is compulsory for passengers in international flights to fasten their seat belts during landing or take off, as these two stages are highly prone to accidents or fire. But in this case not adhering the mandatory norms saved the lives of the lucky few. This revelation may also prove to be crucial because it might just pave the way for developing a technique in future to enable seat belts to come off to the impact of smoke or fire.
Air India’s Stand
The Mangalore office of Air India when contacted said the matter now is not in their hands as the legal consultant and insurance company is looking after the entire issue. Even when it comes to responding to the job offer everything has to be decided by Air India Head office and not by the Mangalore office.
Airport Manager Arun Kumar says "the legal firm is going as per the normal legal procedure in arriving at the compensation and this legal procedure will stand the scrutiny of court". In fact Air India officials in Mangalore are oblivious of the entire settlement procedure handled by the legal firm directly with the victim’s families. The officials say that the representatives of the legal consultants are visiting Mangalore every two months in order to counsel and distribute the compensation.
Air India officials say that though the compensation is calculated based on Montreal convention, it has to be read with the "Carriage by Air Act" when it comes to paying compensation. It means that the compensation is payable on the basis of the international money value and standard of living of the particular country where the aircraft mishap occurred.
Air India officials are not aware of how the compensation is paid for the loss of luggage and other valuables even for the survivors. One of the survivors Joel says "I have approached the officials of Air India in Mangalore a few times and every time they just give me an assurance that they look into the matter. But nothing has come out of my visits to them in the last one year".
The Real Issues
Ever since the tragic air crash many developments have taken place. Many aviation experts found it befitting to blame the crash on the table top structure of the airport. Finally, inquiry revealed that it was pilot error that led to the catastrophe. This revelation has given a boost to the claims of the victim’s families for more compensation.
In the meantime a memorial constructed in honour of the victims of the Mangalore plane crash was vandalized by unknown miscreants. In July 2010 Air India had installed six slabs of black granite on an elevated structure. It contained the names of the victims and also the names of the cabin crew. The identity of the miscreants or the motive behind its destruction is not known yet.
Though the families of victims say ‘a person’s life cannot be equated with money’ the legal firm and the victim’s families are at loggerheads on the issue of settlement of compensation. President of Mangalore Air Crash Victims Families Association Mohammed Beary says accuses that Mulla and Mulla has failed to give any single notice to anyone in the entire issue of settlement. He says the legal firm is playing with the lives of the families of the victims. Mohammed is confident that the Swedish law firm would be able to settle the matter within a period of 4 months.
There are hurdles in the process of paying compensation as there is the issue of dealing with more than one claimant for the compensation. Then there is also the issue of those travelling in the passport of others, a very ticklish issue, which cannot be solved easily.
One of the members of the victim’s family who did not want to be named ridiculed Mohammed Beary’s claim that he is fighting for higher compensation. "When higher compensation up to the tune of 90 lac (beyond the maximum compensation of 76 lacs) was paid to the surviving members of a family of a young engineer, Mohammed Beary argues against it. One wonders what he really fights for".
Safety Improvement
Soon after the Mangalore Air Crash the then Civil Aviation Minister Praful Patel had announced that the length of the runway will be increased by another 1000 ft from the present 8000 odd ft. But it is said that increasing the length of the runway has nothing to do with the safety factor. Airport Director M R Vasudeva says that lengthening the runway would facilitate the landing of bigger aircrafts and does not come under the nomenclature of safety improvement.
M R Vasudeva
Vasudeva stated "as part of improving the safety measure the runway safety area has been strengthened and it will be completed by August 2011. The airport has been asked to provide "distance to go mark" (milestone) and it has been provided for at the Mangalore Airport. A new Technical Control Block will be constructed and the tender process for the same will begin this week".
It is said that the issue of compensation for air crash victims has to be settled within a period of 2 years. By going by the record of past one year and the legal hurdles, it looks as though the matter may drag on, which is bad for the families of victims as they have to carry on with lives. Let us hope good sense will prevail and the compensation issue is settled at the earliest without further acrimony.
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