Kanishka crash: AI can claim damages

New Delhi: The damning indictment of the Canadian police for its failure to avert an avoidable mid-air disintegration of Air India's 'Emperor Kanishka' aircraft by a bomb planted by terrorists will allow the airline to seek appropriate damages from Ottawa, feel legal experts here.
Of the 329 persons who died in the bomb blast in the airborne craft near the Irish coast while on its way to London from Montreal on June 23, 1985, 280 were Canadian nationals mostly of Indian origin.
What was clinching, experts feel, was the clear finding of the Justice John Major Commission clearly laying the blame at the door of the police agencies of Canada.
Canada had stubbornly refused to accept liability for compensating victims even though in the late 1980s it had made part-contribution to a fund raised by Air India to pay up the families of the victims.
Senior advocate Mukul Rohatgi said that with the blame being affixed on the Canadian authorities, Ottawa would be liable to reimburse Air India for the contribution it made into the fund for compensation.
Tulsi also said that the airline could claim damages not only for the loss of the aircraft, but also for the future loss of income from its operation as well as loss of business due to the scare the incident caused in the minds of potential customers abroad to fly the airline.
19/06/10 Dhananjay Mahapatra/Times of India

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Categories: Air India - International Jun 2010, Foreign Jun 2010, NACIL Jun 2010, Safety Jun 2010