Observing that it would be improper and unjust to prolong the processing of claims, Kerala High Court has directed Air India Express (AIE) Limited to make offer of compensations to passengers injured in the Karipur air crash as expeditiously as possible.
Justice N.Nagaresh issued the directive while disposing of a writ petition filed by Muhammed Musthafa and seven other passengers who were injured in the crash at the Karipur International Airport, Kozhikode on August 7, 2020. As many as 20 people, including two cabin crew were killed when the Air India Express flight from Dubai skidded off the runway and fell into a 35-feet gorge before breaking into two.
The petitioner contended that they had incurred huge amount for treatment. In fact, most of the passengers had suffered physical disability apart from physical and mental trauma.
They should, therefore, be adequately compensated. However ,no compensation had been offered to the petitioners as yet. The petitioners said that that Rules 17 to 71 of Schedule 3 of the Carriage by Air Act, 1972 provided for a two-tier liability regime. The first-tier liability for injury and death under Rule 21, is 1,38,000 SDR. It was a no fault liability. The second tier provides for full compensation for economic and non-economic loss and the only defence available to an air carrier was that it was not negligent or that the damage was due to negligence of someone else.
AIE submitted that all the claims made by the petitioners were under process and the company was making every attempt to pay just and fair compensation to all the injured passengers.
The compensation offer would be made to all the petitioners soon, it said.
Disposing of the petition, the court observed “it has to be noted that the flight crash occurred on August 7, 2020 and about nine months have lapsed. It will be improper and unjust to prolong the processing of the claims made by the petitioners.”
The court also made it clear that if the petitioners were dissatisfied with the compensation offer, they may attend the discussion sessions to be convened by the AIE to arrive at an amicable settlement.
