Rs 1.6cr payout for Kandahar hostages

New Delhi: With the aviation industry on red alert following threats of a hijack, the spotlight is back on the ill-fated flight IC-814 from Kathmandu to Delhi, which was hijacked in 1999 and 160 passengers taken hostage.
After nine years, the state consumer commission, in an unprecedented order, has directed Indian Airlines (now Air India) to pay Rs 1.6 crore to all passengers who were held hostage in the flight. The flight was diverted to Kandhahar in Afghanistan, where the hostages' ordeal lasted for eight long days.
Justice Kapoor has also directed the Directorate General of Civil Aviation to thoroughly check all passengers at the time they board the aircraft, even though they go through multiple security checks.
While the judge directed the airlines to pay Rs 1 lakh each to all 160 passengers on board, the legal heirs of those killed by terrorists will get Rs 5 lakh.
The case was filed in 1999 by a couple, Ashok and Manju Gupta, who were among the rescued hostages. They had sought compensation for damages from Indian Airlines for suffering physical and psychological trauma. The airline had denied the compensation by invoking Rule 17 of the Carriage by Air Act, 1972, stating that the carrier was only liable for damage sustained in event of death or bodily injury suffered by passengers on board the aircraft or while embarking or disembarking. Since there was no physical injury sustained by the complainants, they were not entitled to damages.
Indian Airlines, in its defence, pleaded that their's is an international airline, and the onus was on the airport authority or the government to provide security. However, this plea did not find any favour with Justice Kapoor, who noted that a passenger, who enters into a contract with the airline for availing its services, places his security and safety in the hands the airline.
04/12/08 Deeksha Chopra/Times of India

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Categories: Air India Domestic Dec 2008, Foreign Dec 2008, NACIL Dec 2008, Safety Dec 2008