Remembering Air India Express Flight 812

May 22, 2016May 23, 2016

On May 22nd, I took a few moments to remember Air India Express Flight 812.

I remembered when I went to Mangelore, where I’d walked the path the Boeing had taken when it overshot its landing. I tried not to revisit the tragedy of it all. I tried not to remember that if that cockpit had not been the site of the crew resource management issues, I might have had no disaster to remember. Hindsight vision is always sadly perfect.

There were eight survivors of that flight, and a hundred and fifty-eight fatalities. The plane ploughed through all barriers, arrestor beds and an antennae, and catapulted over the edge of the runway down a hill. Afterwards a support group was formed for the families, but all the emotional support in the world can never replace missing loved ones. I can only hope they visited you in your dreams.

All I want to say to the lost family members and the survivors is to treasure your memories. The cords of memories weave together the threads that make our lives, stretching from every point living and dead, and every heart we touch. As long as we remember the ones we love, that is how long they will stay with us.

Air India | Air India Express | compensation | Crash | Mangalore

Indian Civil Aviation Official Meets with Mangalore Crash victims

November 22, 2011

Vayalar Ravi, Indian Civil Aviation Minister met or called (on the 18th) victims of the Mangalore crash to discuss their compensation claims. A meeting on the 19th included representatives from the airline, the government and the insurance company.,

The crash occurred in May of 2010, when the Dubai-Mangalore Air India Express jet overshot the runway, killing 158 people aboard.

However other business was also being handled during the meetings.

The outcome of the meetings has not yet been released.

Air India Express | Boeing | Crash | Mangalore

Mangalore Crash Families Long for Closure

November 18, 2011November 19, 2011

Plane crash cases take a long time to settle, and the families of the Mangalore Crash can vouch for it, having been waiting since the date of the crash in May of 2010. Families who are still waiting on a settlement, and will be back in court this November. They aren’t looking for extraordinary measures, but want compensation for flight 812–the Air India Express Dubai-Mangalore in accordance with the Montreal Convention. 152 died in the crash.

According to The National, Airlines are required to pay compensation of 7.5 million rupees (Dh560,000) per passenger to families of crash victims, just as a Kerala judge ordered. Then that judge was overruled in favor of Air India Express. This November, the case will move into the highest court to rule in favor of the victims or Air India Express.

In George’s Point of View

It’s not that simple.

I know I have said this before, but it bears repeating.

I must remind the families that the value of the aviation case is usually much higher than 75 lakhs.

And this is because Tier II of the Montreal Treaty.

The convention’s second tier deals with the portion of a claim exceeding the $155,000 limit. An airline can avoid liability for portions of claims over the limit by proving it was “not negligent or otherwise at fault.”

I’m not a lawyer but I know from experience how it works. I have been working with wrongful death cases for years, and have learned a lot from the experience my aviation experts have graciously passed on to me.

If you can prove provable damages, then Tier II (referred to in Article 21(2) of the Montreal Convention) Air India Express is liable to families/passengers for all personal injury or wrongful death damages exceeding 100,000 Special Drawing Rights (SDRs), unless the carrier(s) can prove that the injuries or deaths were not due to the negligence or other wrongful act or omission of the carrier or it servants or agents OR the injuries or deaths were solely due to the negligence or other wrongful act or omission of a third party.

My guess is that the carrier will never prove this. The burden of proof is on them. If I am correct, and know the experts who have taught me, are correct, Air India Express is liable to the victims’ families for all damages under the applicable law, including but not limited to, pain & suffering of your loved one prior to death.

They are liable for pain and suffering, the loss of support, i.e., money, the loss and enjoyment of life of the victim.

I hope the families don’t sell themselves short, and give up all that may be coming in return for even a payment of the 75 lakhs. Accepting 75 lakhs—which may look like a lot after the losses they’ve suffered—but if they sign their name on the dotted like, they give up the right to future compensation.

Editorial | Legal | Mangalore

Kerala High Court Reverses on Mangalore Crash

September 1, 2011September 2, 2011

In George’s Point of View

The Kerala High Court ruled that the Air India need not pay the compensation amount of Rs 75 lakhs each to the victims of the Mangalore plane crash. The Division Bench gave the order in the appeal given by the Air India against the earlier Single Bench rule to pay the amount. The order references the Montreal Treaty.

I am not surprised. When I first heard the original judgement, it was my layperson opinion that the high court would not let stand the order of the lower court to pass out 75 lakhs to each passenger.

In my personal opinion the Judge who made that order didn’t read the Montreal treaty very well. In order for the family to collect the equivalent of 100,000 SDRS (about $160,000 U.S.), they must present provable damages and if they do, under the treaty, Tier I, the operator (Air India) cannot dispute or contest paying that amount. The Judge must have overlooked that the 100,000 SDRS is not the minimum required under the treaty, it is the maximum. So when the Judge ordered 75 lakhs to be paid, his order basically was overruling the treaty requirement of proving the damages.

No, I was not surprised and neither were the attorneys I consult with. If no treaty existed limiting the liability of the operator, then the order from a Judge would have probably stayed in place.

But that was not the case.

The Montreal Treaty has two tiers. The above discussion explains tier one. The Tier II provision almost certainly removes the cap entirely, because of where the burden of proof lies.

As long as the Montreal Treaty is being held as a rule, families should know that in most cases as per the treaty, the value of the case could be much higher than 75 lakhs, pursuant to Tier II of the Montreal Treaty. I know, I know….I’m not a lawyer but I know how it works from experience over the many years I have been working with wrongful death cases, and based on the experience my aviation experts have graciously passed on to me.

Here is the explanation, as simply as I can explain it:

If you can prove provable damages, then Tier II (referred to in Article 21(2) of the Montreal Convention) Air India Express is liable to families/passengers for all personal injury or wrongful death damages exceeding 100,000 Special Drawing Rights (SDRs), unless the carrier(s) can prove that the injuries or deaths were not due to the negligence or other wrongful act or omission of the carrier or it servants or agents. OR the injuries or deaths were solely due to the negligence or other wrongful act or omission of a third party.

The carrier will never prove this and the burden of proof is on them. If I am correct, and know the experts who have taught me, are correct…

Air India Express is liable to the victims families for all damages under the applicable law, including but not limited to, pain & suffering of loved ones prior to death.

Air India Express is liable for pain and suffering of the survivors and heirs of the victims.

Air India Express is liable for the loss of support, i.e., money.

Air India is liable for the loss and enjoyment of life of the victim.

I could go on but I will stop here, and caution the families to please be very careful. The families should not give up all that there may be coming in return for even a payment of the 75 lakhs that this new ruling states the company no longer has to pay. If they actually get around to offering it, to get it, it means the families have to give up all rights to future claims.

I would tell the families this:

Put up a fight. Your loved one is never coming back, no matter how much they pay you, but, I’m sure he/she would want you to collect the absolute maximum possible. As a passenger, your loved one paid a fare, and no matter what caused that crash, your loved one is FAULT FREE. Legally, the operator must pay.

Consult a lawyer, an expert in aviation, I beg you to please do not try to do it yourself.

I fly over 250,000 miles a year, and I wouldn’t want my family to try and do it alone if I were a victim.

* I am not a lawyer, and this is not legal advice.

http://twocircles.net

Mangalore: Two Pilot Tales, Which is true?

June 22, 2011June 22, 2011

There are two accounts of the Pilot Alexander Glusicia’s situation prior to the Mangalore-Dubai-Mangalore flight. We wonder which of these versions is true.

1. Alexander (Zlatko) Glusica was initially not rostered by Air India to fly on the day of the crash— not scheduled to fly till May 23.. His schedule had last minute changes, when Glusica was asked to fly though he was fatigued, having just returned from a Serbian vacation.

2. Capt Glusica had landed in Mangalore two days in advance, and was plenty rested prior to flying.
Officials claim the family had opportunity to appear before the Court of Inquiry but they never came.

PILOT NOT ORIGINALLY SCHEDULED TO FLY

What: Air India Express Boeing 737-800 en route from Dubai to Mangalore
Where: Mangalore airport
When: 6:00 a.m May 22 2010
Who: Passengers include 23 children, 6 crew, 158 fatalities and 8 survivors

First report

Remember Flight 812

Mangalore Airport Updates

May 23, 2011

Indian civil court ordered the attachment of property of the assistant commissioner of Mangalore’s revenue department for not honouring court orders to pay corrected compensation to the people who lost 300 acres to the Mangalore Airport expansion. The individuals were not paid market value and are due the difference.

Safety recommendations have been made regarding the Mangalore airport by the Mangalore crash Court of Inquiry. The airport’s corrective measures so far, have been installing markers on either side of the runway. Nothing has been done yet to deal with the inadequate “Runway End Safety Area.” Elevating the paved area to 237 is projected to be complete by the end of May.

Air India Stalls Hurt Families already Suffering

May 23, 2011

Click to view full size photo at Airliners.net
Contact photographer WT
Update

May 22 was the anniversary of Air India Express Flight 812 from Dubai, which overshot the runway and crashed at Mangalore, India. The crash victims’ support group spokesman said that “About 50 families have received compensation from the insurance companies, but many families have not even been contacted. ” According to the organizer, Rafik Eroth, “…insurance representatives are playing foul over the payouts…Many families have lost their breadwinners and face major financial difficulties. I believe [the insurance companies] are delaying the process to pass the two-year mark so that the families lose their claims.” Families of crash victims had a two-year period in which to apply for compensation

The Civil Aviation Ministry ordered the airline to provide up to $159,840 to families of the victims in accordance with the Indian Carriage by Air Act, (following the Montreal Convention.)

It has been a year, and still some of the families have not yet been contacted about compensation.

The Indian Court of Inquiry probe report was submitted to the civil aviation ministry yesterday. The report says that “Air India pilot Zlatko Glusica, from Serbia, was asleep for much of the three-hour flight and was “disoriented” when the plane started to descend.” The experienced First Officer had fewer hours but was soon due for command, and had landed frequently at that airport. He called for a go-around which the Captain ignored.

Captain Z Glusica had more than 10,200 hours of flying experience—but not landing at that airport. He was the pilot in command and reacted late, and was suffering from “sleep inertia”. His heavy nasal snoring and breathing was captured on the CVR. Many standard operating procedures were not followed during landing. Co-pilot H S Ahluwalia repeated “abort landing” saying they didn’t have enough runway left, three times asking for a “go around”.

With less than 3,000 feet of runway left, the pilots tried to take off again and crashed in the gorge at the runway’s end.

The plane’s takeoff gear was found activated. Experts concluded if the pilots had not attempted to take off again, the plane emergency brakes could have brought the plane to a halt.

This is not the first time Air India has had exhausted pilots. What had their schedule been that week?

June 2008: Mumbai air traffic controllers woke two sleeping pilots with an alarm when they were 200 miles past their destination.

What: Air India Express Boeing 737-800 en route from Dubai to Mangalore
Where: Mangalore airport
When: 6:00 a.m May 22 2010
Who: Passengers including 23 children, 6 crew= 158 fatalities and 8 survivors
Why: Air India Express flight 812 attempted touch down was around the middle marker. (Conflicting) reports are that it overshot the runway, and that the pilot intended a go round (tapes reveal the co pilot was urging a go-round) but the plane hit the localizer antenna at the runway’s end, plowed through the perimeter losing part of a wing, and went down 75 feet into a ravine, and broke into pieces and burst into flames. On touchdown, there was a reported “bang” which may have been a tire bursting. A drizzle started after the accident. From 5 to 10 people have been hospitalized, but according to reports there are possibly 3 survivors.

Survivor Abdul Puttur suffered burns. He was seated near the wing exit and said that the pilot had announced the landing, then there was a thud. He saw huge flames after the plane fell into the ravine and then he jumped out from the back entrance. Another passenger said the pilot made no announcement.

The Serbian pilot was Zlatko Glusica, first officer was S.S. Ahluwalia.

According to DGCA rules, Mangalore International Airport is deemed a “critical airfield” which means that “supervised take offs and landings” are prohibited. Only the captain (not the first officer) can pilot take-offs and landings. Mangalore International Airport has a controversial table top runway and which forces pilots to make a precision landing. The airport has no buffer zone, and pilots landing planes must fly precisely or risk hurtling off the edge.

New Lows for Air India Crash Compensation

April 25, 2011April 26, 2011

Compensation disbursal has hit a new low. It was recently published on the Khaleej Times site that Air India’s insurance company is calculating compensation claims based on ‘the loss of livelihood” rather than “loss of life.’ Loss of life according to the Montreal Convention (in terms of Indian currency) amounts to nearly Rs7.5million. Advocate and solicitor Hoshang D Nanavati, who represents Air India’s legal counsel, is saying they are settling cases where the issue of applying 100,000 SDR (Special Drawing Rights) equivalent to $160,000 did not arise.

Compensation is complicated—a complicated process, and it is frequently misunderstood.

Families understand, or are made to believe that soon the carrier will be coming around to pay no less than $100,000 SDRS less the amount of the advance they received. This is not always the case. If the emergency advance was $10,000 and that 100,000SDRs equates to $151,000 US dollars, the family is entitled to the $141,000 that is still due under the treaty ONLY IF THEY CAN PROVIDE THE DOCUMENTATION. To qualify, documents must show that the person who died had a life span long enough to earn at least that amount based on the decedent’s profile, hence the term above, “loss of livelihood.” It’s always been my opinion that the Montreal Treaty, as other treaties/conventions before it, is not intended to protect the passenger. It’s to protect the operator of the airline from being sued for more than the amount called for in the treaty. The 100,000 SDRs is not a right, it’s a cap, the maximum that, in addition to a small amount for baggage, the operator will have to pay each family of a decedent unless negligence is proved. (Negligence can creep into the picture in a number of ways, such as lack of maintenance, or inferior pilot training leading to pilot error.)

The insurance companies and lawyers commonly require a global release upon payment of any funds, so even if they paid the maximum per the treaty, if more culpable parties turn up, those who signed too early have signed away their rights. If a global release was required before operator paid the compensation, all doors would be shut to sue anyone else later found responsible, such as the manufacturer of a component or the manufacturer of the aircraft.

Keep in mind that we don’t even have a final report on the cause of the crash, other than bits and pieces about pilot error. Other responsible parties may turn up.

The loss of a decedent is handled by profile. It is NOT generic. The loss is based on the person’s age, employment, if not employed, what did he do when he was employed, then how many children, wife/husband, who else depended on the decedent for support, was he the bread winner for how many? All these factors play into what make determining compensation complicated. But in this circumstance, that cap is not a baseline, it is a ceiling.

And unless you have a top earner, there is nothing to negotiate beyond the economics which depend on the country (in this case, India.) And then there’s pain and suffering, and how each country handles it. In India, it is possible that pain and suffering is not even considered. In some countries, there may be a fixed amount for pain and suffering; or it may be banned all together. What happens to the family member in India who was not a top earner?

For those families who are trying to hold out for the compensation they deserve, for authorities to say cases are delayed because of pending case opposition is just a typical delay tactic. There’s always the ambition on the part of airline and insurance lawyers that the families who are most in need of cash will capitulate and accept lesser compensation. The longer the lawyers take, the more red tape and loopholes the families have to weave through, the longer the families have to struggle along, make their bills, and stretch out whatever interim compensation the law has allowed. The more likely they are to capitulate and accept less.

When the Indian Civil Aviation Minister assures speedy disbursal of maximum compensation, if he is thinking of his constituents, is he referring to maximum compensation to take care of widows and orphans, or that completely different number that the insurance companies and airlines would like to redefine as “maximum,” in other words, the least possible that they can legally get the victims to accept?

The Montreal Convention is a treaty that governs international aviation incidents. The airline is automatically liable for up to 100,000 Special Drawing Rights I mentioned above. But an airline is liable to claims over that limit if it is unable to prove that the crash was not due to the negligence or wrongful act or omission of the company or any of its servants, or that the crash was solely due to the negligence or wrongful act or omission of a third party.

If there is no cap, because of the certain pilot error, shouldn’t that victim, even if a low earner, at least get the cap amount? Their life has value. Every life has value.

Air India’s parent company, National Aviation Company of India Ltd said that next week they will make public the steps toward safety taken during the past year. “We are now preparing a whole list of what all actions we have taken. That should come out in public domain in a week’s time.”

That is a very good thing. I look forward to seeing the list of actions taken that comprise improvements, for is also the selfsame list of practices which were negligent in 2010. Every item on that list should be financially compensated as an action which was denied the victims of the Mangalore crash.

I wish there were some way to empower the struggling families to see that there is a light at the end of the tunnel if they do not cave in to lesser offers. The pain and suffering, the loss of life, the decreased quality of life, and the loss of income are very real. They have more than the emotional weight which the families are suffering, but also a physical reality reflected in concrete family circumstances.

The families are living through a terrible ordeal, and the song and dance that the victims are being forced to endure is unnecessarily cruel punishment.There is no question that the airline and insurance companies bear the responsibility; they should just stop playing a numbers game, stop extending the misery, and just provide the families the compensation they deserve.

Mangalore | News | update

Air India Express flight IX-812 from Dubai to Mangalore Report Released (updating)

November 17, 2010November 17, 2010

Click to view full size photo at Airliners.net
Contact photographer WT

Splashed across today’s international headlines is the news that the Indian Court of Inquiry probe report (which we have not yet seen) is final, and was submitted to the civil aviation ministry yesterday. The report says that “Air India pilot Zlatko Glusica, from Serbia, was asleep for much of the three-hour flight and was “disorientated” when the plane started to descend.” The experienced First Officer had fewer hours but was soon due for command, and had landed frequently at that airport. He called for a go-around which the Captain ignored.