Pay victims as per Kerala HC verdict

MANGALORE: The Kerala High Court’s verdict has put a question mark on Air India’s future plans for disbursal of compensation to the families of the Mangalore air crash victims, Kerala High Court Advocate Kodoth Sreedharan said.Despite objections, Mulla and Mulla Associates the solicitors for Air India, had disbursed compensation to 68 families on proof of loss basis.Air India is yet to disburse compensation to families of 82 victims who died in the Air India IX 812 crash on May 22, 2010.The court verdict upholding arguments decreed under Montreal Convention, which states that fault or no fault the victim should be paid minimum of Rs 1 lakh SDR’s (Special Drawing Rights are international currency which is equivalent to Rs 75 lakh).Kodoth Sreedharan in Mangalore told Express on Sunday that the High Court’s judgment, based on a writ petition filed by Balepura Mohammed Rafi’s family, has come as a relief to the kith and kin of the victims.Besides Rs 75 lakh (Rs 1 lakh SDR) is given as no fault liability and compensation is not included.He also asserted that pilot error being the reason behind the air crash, the compensation should be increased as the aircraft had failed to protect the lives of its passengers.Mangalore Air Crash Victims family Members Association president Mohammad Beary believes that the Kerala High Court judgment should become the base for Air India to distribute the compensation of Rs 75 lakh to families of the victims.Air India’s stubbornness to pay on proof of loss basis, ignoring Montreal Convention is no less than an attempt at cheating the families.But the HC verdict is clear that each victim should be paid a minimum compensation of Rs 75 lakh, he said