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Mangalore crash victim`s parents seek compensation

Last Updated: Friday, August 19, 2011 - 21:32

Kochi: The parents of a victim of last year`s Air India flight crash in Mangalore on Friday filed an appeal in the Kerala High Court seeking higher compensation than the Rs 75 lakh awarded by the court.

The petition was filed by Abdul Salam and Ramla, parents of 24-year-old B Mohammed Rafi who was killed in the Air India Express crash in May last year.

They submitted that the compensation was inadequate and as per international convention, they were entitled for higher amount.

On a petition by Salam, a single judge bench had in July ordered Air India to pay Rs 75 lakh (one lakh SDR - a special currency issued by IMF) to the relatives of each of the 158 passengers killed in the crash when the plane overshot the table-top runway.

The Air India has also filed an appeal in the high court challenging its order to pay compensation of Rs 75 lakh.

The AI petition questioned whether the Montreal Convention, incorporated into Indian laws by the Carriage by Air (Amendment) Act 2009, imposes on AI a minimum liability of one lakh Special Drawing Rights (equivalent to Rs 70 lakh) per passenger in the event of death in an air accident.

It said a single judge`s conclusion that AI has to pay one lakh SDRs to each of the victim`s relatives was `totally inconsistent` with and contrary to relevant statutory provisions in the convention and incorporated in the Third schedule to Act, 1972.

Both the appeals have been reserved for judgement by a division bench comprising justices CN Ramachandran Nair and PS Gopinathan.


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First Published: Friday, August 19, 2011 - 21:32
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