Mangalore air crash: SC issues notice to govt, Air India on Rs 75 lakh compensation

NEW DELHI: The Supreme Court has issued notices to the government and Air India on the plea seeking direction to enhance the minimum compensation of Rs 75 lakh to each of the victims of the Mangalore air crash in May 2010.

A bench comprising justice Dalveer Bhandari and justice Dipak Misra on Tuesday sought responses from the government and the national carrier on the issue. The court posted the matter for final hearing in April. The SC passed the order on the petition moved by Abdus Salam, who had lost his son in the air crash.

The division bench of Kerala High Court had set aside the single judge bench order which had directed the Air India to pay a minimum compensation of 75 lakh to the families of each of the victims.

It had said that the airline was liable to pay only actual damages proved by the claimants in case of death and the victims in case of the injury. The liability can be determined through negotiated settlement or by civil court of competitive jurisdiction, the division bench had held. Aggrieved, the petitioner approached the apex court.

Senior counsel Harish Salve on behalf of the petitioner told the court that the victims' families should be compensated according to the Montreal Convention to which India was a signatory. According to the Montreal Convention, the petitioners are entitled to have Rs 1 lakh special drawing rights compensation. SDRs are issued by the International Monetary fund and translate to nearly Rs 75 lakh.