MH370 puzzle seen leading to out-of-court settlements

May 11, 2014

MH370_puzzleKuala Lumpur, May 11: The lack of any evidence indicating what caused flight MH370's disappearance raises a legal conundrum that is expected to force Malaysia Airlines into out-of-court settlements with angry next-of-kin, aviation law experts said.

More than two months since MH370 disappeared, no wreckage has been found to even confirm a crash, let alone apportion blame.

But relatives of the 239 people on board can still come after Malaysia Airlines because under international aviation law it is an airline's responsibility to prove it was not to blame for an accident.

"On the surface, (Malaysia Airlines) is responsible," said Jeremy Joseph, a Malaysian attorney specializing in transport law.

The "burden of proof" rests on the national carrier to clear its name, he added.

Under International Civil Aviation Organisation rules, next-of-kin in an air crash are entitled to an automatic minimum of about $175,000 per passenger, regardless of fault, payable by an airline's insurance company.

But Malaysia Airlines is also vulnerable to civil lawsuits for potentially greater damages by hundreds of relatives already infuriated over the lack of information on the case.

The Beijing-bound plane disappeared on March 8 and is believed to have crashed in the Indian Ocean. Theories on what happened include a terror act, rogue pilot action, or mechanical problems.

No significant legal moves have yet been made as families closely monitor an immensely difficult search in vast ocean depths that has so far found nothing.

"When there is no cause identified, it is hard to see how the airline has or has not shown the absence of fault," said Alan Tan, a professor of aviation law at the National University of Singapore.

The size of any damages would depend on where lawsuits are filed. Next-of-kin can file in the country where an airline is based, where tickets were purchased, where the passengers were headed or where they lived.

Since most passengers were from China or Malaysia, most cases could be filed in the two countries, where courts are more conservative in awarding damages compared to countries like the United States.

Damages are typically based on the lost lifetime earnings of a victim and thus could total in the hundreds of millions for all passengers combined.

"In the US, settlements usually are in the $1 million-$3 million range. For Malaysians or Chinese, salaries are lower, and hence, recoveries will be lower," said Paul Stephen Dempsey, director of the Institute of Air and Space Law at Canada's McGill University.

A US law firm is already planning a "multi-million-dollar" lawsuit against Malaysia Airlines and aircraft maker Boeing, on behalf of an Indonesian passenger's family.

But legal experts said few cases will likely end up in court. They expect undisclosed out-of-court settlements between families and Malaysia Airlines and its lead insurer, German giant Allianz.

This would allow the loss-making carrier — which was struggling amid intense competition even before MH370 disappeared — to quietly lay the matter to rest and focus on rebuilding its image.

"Because of its unprecedented nature, the courts are going to look at (MH370) very carefully. That is something the airline will try to avoid unless settlement expectations from the victims families are perceived by Malaysia Airlines as unreasonable," said Malaysian attorney Joseph.

Adds Tan: "This avoids court uncertainties and protracted litigation, and most claims will end up being negotiated and settled this way, particularly those outside the US."

In the case of Air France flight 447, which crashed in the Atlantic with 228 people aboard in June 2009, the airline's insurers made compensation payments to relatives.

Only a small number of lawsuits were filed, with a Brazilian court awarding one family an equivalent of more than half a million US dollars, before its flight data recorders were recovered in 2011.

A combination of mechanical failure and pilot error were eventually blamed.

Allianz would bear the brunt of any payouts for MH370, sparing the already financially struggling airline.

Malaysia Airlines told AFP its insurance coverage is adequate for all eventualities, declining to give details. But experts said the carrier will likely face higher future premiums.

Courts are considered unlikely to apportion any blame to Boeing, engine manufacturer Rolls Royce, or other parties without evidence implicating them.

Alleging incompetence and secrecy by Malaysia's government and the airline, about 300 next-of-kin already have banded together to press for answers.

Malaysia Airlines has begun making some payouts to families under an "advance compensation process" but has declined to reveal details.

Lawsuits must be filed within two years of an accident. Families are holding off for now as they await news on the search, seeking confirmation of a crash, and emotional closure.

"If today someone cut off your limb, can you buy your limb back?" Yik-Kiong Hue, an MH370 next-of-kin, said in an email.

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April 26,2020

Apr 26: The remarkable story of an airman who overcame prejudice to become one of only a handful of Indian fighter pilots in the First World War has emerged in newly-released archive files by the UK's Commonwealth War Graves Commission (CWGC).

Lieutenant Shri Krishna Chanda Welinkar is one of the thousands of moving stories from the war preserved in family correspondence and being brought alive as part of a digitisation project.

The never-before-published files contain thousands of letters, pictures and other papers sent between the Commission and the next of the kin of First World War dead.

Among them is the story of Welinkar, who hailed from Bombay in colonial India. After much hardship and discrimination, he eventually became a pilot and went missing while on patrol over the skies above the Western Front in June 1918.

His family had to wait nearly three years before they finally knew for certain that he had died, and his grave was located.

“For everyone who died in the First World War, there was inevitably a partner, parent or child back home who had questions. The heartbreaking letters in CWGC's archive give us an insight into what it was like for those families trying to come to terms with their loss,” said Andrew Fetherston, chief archivist for CWGC.

“They are stories that show desperate searches for closure, former enemies uniting and, on many occasions, the sad realisation that a missing loved one would always remain so. We are pleased to be able to make this invaluable piece of World War history accessible to a new generation and help deepen our understanding of how the First World War impacted those who were left behind,” he said.

Welinkar was one of the 1.3 million Indians who answered the call to fight for the British Empire. Nearly 74,000 never saw their homeland again and are remembered today in cemeteries and memorials throughout the world, including France, Belgium, the Middle East and Africa.

Welinkar was a well-educated man studying at Cambridge University. He trained to become an aviator in Middlesex and wished to join the Royal Flying Corps, later known as the Royal Air Force.

Upon attempting to enlist, Welinkar encountered the same prejudices as his other fellow Indian airmen and was encouraged to become an air mechanic instead.

He was eventually given a commission in the Royal Flying Corps as an Officer. In 1918, he was posted to France and patrolled the skies above the Western Front.

In June 1918, Lieutenant Welinkar embarked on what would be his final patrol; he did not return and was reported missing. His fate remained unknown for many months afterwards.

The newly-released e-files chronicle the remarkable discovery of Welinkar and his final resting place long after the war had ended. Colonel Barton, who knew Welinkar, acted on behalf of his mother and helped find her missing son. They spoke to former enemies and honed their search to the grave of an unidentified man, buried by the Germans as “Oberleutnant S.C. Wumkar” in a grave in Rouvroy, Belgium.

The body was later moved and reinterred in Hangard Communal Cemetery Extension but it wasn't until the vital clue, found in the original German burial records in February 1921, that it was confirmed beyond doubt this grave was of Welinkar's.

In May 1921, Colonel Barton, on behalf of Welinkar's mother, requested that a Commission headstone be placed on the grave with the following personal inscription: “To the Honoured Memory of One of the Empire's Bravest Sons”.

This records – known as Enquiry Files – are part of a collection of nearly 3,000 files which have never been made available to the public before. Nearly half have been digitised so far, alongside a previously unreleased collection of more than 16,000 photographs held in negatives in the Commission's archive.

The files, internally referred to simply as E-Files, contain correspondence between the CWGC and the next of kin of the war dead. They often contain letters, typed memos between Commission staff and on occasion photos, maps and diagrams.

CWGC only holds an enquiry file for a small proportion of the 1.7 million people it commemorates from the Commonwealth. Today it is only possible to release those surviving records from the First World War because correspondence with families of Second World War casualties often involves people still alive today and cannot be made public for many years, due to the UK's data protection rules.

To date, more than 1,300 of the surviving 3,000 First World War enquiry files have been digitised.

The CWGC commemorates the 1.7 million Commonwealth servicemen and women who died during the two World Wars. It also holds and updates an extensive and accessible records archive, while operating over 23,000 locations in more than 150 countries and territories.

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News Network
April 9,2020

Paris, Apr 9: More than 1.5 million cases of the novel coronavirus have been registered worldwide, according to a tally compiled by AFP at 0530 GMT Thursday from official sources.

Of the 1,502,478 infections, 87,320 people have died across 192 countries and territories since the epidemic first emerged in China late last year.

The tallies, using data collected by AFP from national authorities and information from the World Health Organization (WHO), probably reflect only a fraction of the actual number of infections. Many countries are only testing the most serious cases.

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News Network
June 22,2020

Karachi, Jun 22: India-born renowned Pakistani Shia scholar and author Talib Jauhari passed away here after a prolonged illness. He was 80.

Jauhari, who was born on August 27, 1939 in Patna, is survived by his three sons, Dawn News reported on Monday.

He migrated to Pakistan along with his father in 1949, two years after the Partition.

After obtaining early education from his father, he went to Iraq where he studied religion for 10 years under the renowned Shia scholars of that time.

Jauhari, who was on a ventilator in the intensive care unit of a private hospital for the past 15 days, breathed his last on Sunday night.

His son Riaz Jauhari confirmed his death and said that the body has been shifted to Ancholi Imambargah for the funeral prayers, The Express Tribune newspaper quoted his son as saying.

Jauhari was respected among his sect as he was a class fellow of the widely revered scholar Ayatollah Sayyid Ali al-Husayni al-Sistani.

He was also a poet, historian and philosopher and authored many books.

Pakistan Prime Minister Imran Khan has condoled Jauhari's death.

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