Outside courts not to affect pay-outs: AI counsel

Outside courts not to affect pay-outs: AI counsel

Mangalore Today News Network

Mangalore, April 7: Will approaching courts outside India fetch better compensation package for families of victims of IX 812 than what is being doled out by the counsels for Air India?

Advocate and solicitor Hoshang D Nanavati from Mulla & Mulla, the legal counsel for Air India, doubts it.

"Even if the victims’ families approach the court outside India, which according to Carriages by Air Act will be in Dubai, the compensation amount will not change as it governed by the Carriage by Air Act," said Nanavati adding that presently too they were compensating the victims’ families based on the provisions of the Act.

Regarding the Kerala High Court case where an affected filed a petition that on one lakh Special Drawing Rights (Rs 71 lakh) being the minimum, Nanavati said the hearing was on March 23 and the judgment has been reserved. "The judgment will pave way for settling claims by clearing doubts on the issue of one lakh SDR, which the families claim as the minimum," he said.

On Air Crash Victims’ Families Association, set up to fight the cause of victims of IX812 crash engaging the services of Swedish law firm Advokaterna Liman & Partners, Nanavati said he was not sure how it would help them. "Whatever it is, the Kerala High Court verdict will solve most of the problems," he said.

Association president Mohammed Beary said that the Swedish firm will first negotiate with Air India’s legal counsel for a better compensation package and if not satisfied, they will go ahead with the process of filing cases in the Dubai court. As of now, 45 victims families have submitted their documents. "Another 20 will be given within a fortnight taking the number of cases handled by the Swedish firm to 65," said Beary.

The Air India counsel till March this year had settled 52 cases for an overall amount of Rs 36.78 crore, including three of the eight survivors.

Under the Carriage by Air Act, which has been amended as per the Montreal Convention, kin of each victim is entitled for up to one lakh SDR which as per the present exchange rates is worth about $1.6 lakh. TOI