Saturday, March 19, 2011

Counsel settles claims of 30% AI crash affected

Mangalore: Ten months after the horrific Air India Express IX-812 crash which resulted in the death of 158 passengers, the legal counsel for Air India - Mulla & Mulla - Mumbai, has settled claims of 30% of the families affected by the accident.
Kapil Aseri, chief finance officer, Air India, said that till date a total of 52 cases have been settled for an overall amount of Rs 36.78 crore, including that of three of the eight survivors.
Advocate and solicitor Hoshang D Nanavati from Mulla & Mulla, told The Times Of India that even though 52 cases have been settled, they have had discussions with many more families. "We were making good progress. Unfortunately, a writ petition filed in Kerala High Court claiming Rs 1 lakh Special Drawing Rights (SDR) was the minimum slowed the process. The case will come up for hearing on March 23," he said.
The Carriage by Air Act, 1972 serves as the legal regime governing passenger compensation in the event of air accidents in international carriage. Both damage on account of death and bodily injury are covered under the scope of the Convention.
Under this Act, which has been amended as per The Montreal Convention, a kin of each victim is entitled for up to Rs 1 lakh SDR which, as per the present exchange rates, is worth about USD 1.6 lakh.
Nanavati said the amount arrived at during the final settlement after counselling, was paid minus the interim amount already paid to victims' families.
18/03/11 Stanley G Pinto/Times of India
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