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.
To include the featured image in your Twitter Card, please tap or click their icon a second time.
Southwest plane nearly crossed runway in front of departing JetBlue plane Thursday in Virginia
To include the featured image in your Twitter Card, please tap or click their icon a second time.
Russian military plane crashed in Stavropol region
To include the featured image in your Twitter Card, please tap or click their icon a second time.
KYIV, Ukraine (AP) — Ukraine’s air force claimed Friday it shot down a Russian strategic bomber, but Moscow officials said the plane crashed in a sparsely populated area due to a malfunction after a combat mission. Neither claim could be independently verified. Previous Ukrainian claims of shooting down Russian warplanes during their more than two-year […]
To include the featured image in your Twitter Card, please tap or click their icon a second time.
The former president’s aircraft has been seen parked at LaGuardia Airport in New York as he takes part in his hush money trial in Manhattan.
To include the featured image in your Twitter Card, please tap or click their icon a second time.
A military plane crashed in Russia’s Krasnogvardeysky district of the federal city of St. Petersburg. The pilots, according to sources, were ejected safely., Europe News – Times Now
To include the featured image in your Twitter Card, please tap or click their icon a second time.
Two aircraft nearly crashed into each other earlier Thursday at Washington D.C.’s Reagan National Airport.
To include the featured image in your Twitter Card, please tap or click their icon a second time.
Boeing, with its airplane-making reputation in tatters, has revealed plans to get into the flying car market in Asia.
To include the featured image in your Twitter Card, please tap or click their icon a second time.
Lawmakers said it was a “horrifying example” of the effects of undermining slot and perimeter rules, calling the airport’s runway “overburdened.”
To include the featured image in your Twitter Card, please tap or click their icon a second time.
But he notes a more defensive tone coming from the under-fire aviation manufacturer.
To include the featured image in your Twitter Card, please tap or click their icon a second time.
To include the featured image in your Twitter Card, please tap or click their icon a second time.
GREEN LAKE COUNTY, WI (WTAQ-WLUK) – A plane heading to EAA Airventure last July probably crashed because it ra…
To include the featured image in your Twitter Card, please tap or click their icon a second time.
The Bonanza pilot didn’t follow the published traffic pattern, placing the aircraft close to rising terrain on downwind. He was too fast on final approach, and he went around on the first attempt. A police officer arrived to check on the airplane, as the pilot had reported to ATC that he was low on fuel. Still, he was safely on the ground.
To include the featured image in your Twitter Card, please tap or click their icon a second time.
A NASA pilot is ready for the Pittsburgh Steelers to kick off the 2024 season.
To include the featured image in your Twitter Card, please tap or click their icon a second time.
This deep-sea footage shows inside a sunken passenger plane, once thought to be the wreckage of the missing Malaysia Airlines flight MH370. The wreckage of the MH370, which disappeared without trace while en route from Kuala Lumpur to Beijing in March 2014, has still never been found. The wreckage filmed by Deep Blue Dive Center, is actually the Lockheed Martin’s L1011 Tristar plane, which was deliberately sunk in 2019 in Jordan. It serves as a home for sea life, but a viral social media post wrongly speculated it was the MH370, which disappeared in 2014.
To include the featured image in your Twitter Card, please tap or click their icon a second time.
The rarely seen footage comes as the company fiercely fights back following a whistleblower’s testimony on Capitol Hill, where a longtime engineer made some alarming allegations.
To include the featured image in your Twitter Card, please tap or click their icon a second time.
Several months after her viral moment, Tiffany Gomas has garnered fresh attention with an eye-catching new post.
To include the featured image in your Twitter Card, please tap or click their icon a second time.
My wife and I are scheduled for an Alaskan cruise in the fall. By all accounts, it’s something to which we should look forward. I’ve been told the same thing about other trips, including a Vegas…
To include the featured image in your Twitter Card, please tap or click their icon a second time.
In the nearly two decades of A380 operations, the superjumbo has never suffered a fatal accident. Why is this and does that make it the world’s safest aircraft?
To include the featured image in your Twitter Card, please tap or click their icon a second time.
To include the featured image in your Twitter Card, please tap or click their icon a second time.
To include the featured image in your Twitter Card, please tap or click their icon a second time.
