A petition has been filed before the Kerala High Court seeking maximum compensation to injured persons in the Mangalore air crash. The petition was filed by Krishnan of Uduma who suffered injury in the air crash that took place on May 22, 2010.
“Being the injured person as defined under the Carriage by Air Act 1972 and also being entitled to enforce the claim for damages quantified, he made a claim for quantified damages. Despite being a public sector undertaking, the company insisted on receiving a lesser compensation than that is quantified and fixed under the Act,” the petition pointed out.
The aircraft was carrying 160 passengers and six crew. Except eight survivors all others were killed in the accident.
The analysis of the flight data recorder and cockpit voice recorder confirmed the negligence on the part of the pilot.
The petitioner submitted that he was employed in Dubai and his family is dependent on him being the sole earning member of the family. The accident hasdeprived them of their livelihood.
The mental agonies suffered by the petitioner on account of the traumatic accident has manifested in physical injuries to his body in various forms and he is undergoing treatment.
Counsel for the petitioner Kodoth Sreedharan said that in such a case without asking for anything the carrier is liable to pay Rs 1 lakh Special Drawing Rights (now enhanced to 1,13,100 Special Drawing Right) as compensation and 1000 Special Drawing Rights (now enhanced to 1131 Special Drawing Rights) for loss of baggage and the second tier liability.
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