Counsel settles claims of 30% AI crash affected

March 19, 2011

air_crash

Mangalore, March 19: Ten months after the horrific Air India Express IX-812 crash which resulted in the death of 158 passengers, the legal counsel for Air India - Mulla & Mulla - Mumbai, has settled claims of 30% of the families affected by the accident.



Kapil Aseri, chief finance officer, Air India, said that till date a total of 52 cases have been settled for an overall amount of Rs 36.78 crore, including that of three of the eight survivors.



Advocate and solicitor Hoshang D Nanavati from Mulla & Mulla, told media persons that even though 52 cases have been settled, they have had discussions with many more families. "We were making good progress. Unfortunately, a writ petition filed in Kerala High Court claiming Rs 1 lakh Special Drawing Rights (SDR) was the minimum slowed the process. The case will come up for hearing on March 23," he said.



The Carriage by Air Act, 1972 serves as the legal regime governing passenger compensation in the event of air accidents in international carriage. Both damage on account of death and bodily injury are covered under the scope of the Convention.



Under this Act, which has been amended as per The Montreal Convention, a kin of each victim is entitled for up to Rs 1 lakh SDR which, as per the present exchange rates, is worth about USD 1.6 lakh.



Nanavati said the amount arrived at during the final settlement after counselling, was paid minus the interim amount already paid to victims' families. Air India paid interim compensation of Rs 10 lakh to the kin of victims who were above 12 years and Rs 5 lakh for those below 12. Also, Rs 2 lakh was paid to the injured. The interim relief amounting to Rs 14.06 crore was paid within three weeks of the crash.



"We were able settle cases where that issue (Rs 1 lakh SDR) did not arise," said the legal counsel pointing out that from the settlement done so far, cases have been settled for more than Rs 1 lakh SDR (roughly Rs 71 lakh).



"We are waiting for the judgment in the case. Till it comes through, the parties are not willing to settle. Every time we held the meeting, the affected would say they would rather wait for the judgment and then decide," said Nanavati.



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