Kochi, August 17: A Division Bench of the Kerala High Court on Tuesday reserved its verdict on an appeal filed by Air India Ltd against an order of a single judge bolding that the company was bound to pay a minimum compensation of Rs. 75 lakh to the legal heirs of every person killed in the Mangalore air crash.
The Bench, comprising Justice C.N. Ramachandran Nair and Justice P.S. Gopinathan, reserved its judgment after the conclusion of arguments on the appeal.
The single judge had directed the company to pay the family members of B. Mohammed Rafi, who was killed in the crash, the balance sum within a month to make the compensation Rs. 75. Lakh.
In its appeal, the company said the single judge's order was wrong and unsustainable. The company further argued that the conclusion reached by the court, which cited the provisions of the Montreal Convention, was not fair. The single judge had observed that the Carriage by Air Act, 1972 did not draw any distinction among passengers over payment of a compensation of one lakh SDRs (Special Drawing Rights, equal to Rs. 75 lakh, of the International Monetary Fund).
The same should be paid by the carrier for the death of, or bodily injury sustained by a passenger in an accident on board, subject to the satisfaction of the extent of damage. The air carrier could pay compensation higher than the liability, but could not avoid or limit the liability provided under the Montreal Convention.
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