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.
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