Written by Meekal A Ahmed
In the articles I have written over the past few months on the Airblue accident, I suggested that the one reason why we in Pakistan do not publish air accident reports is because of the very high compensation that may need to be paid out for the damages incurred. I would like to clarify. Based on my interactions with the ‘Air Crash Victims Families Group’, a self-financed and pro bono international umbrella organisation of survivors, individual victims and bereaved of family associations of major air transport tragedies, compensation in their experience is limited to provable “damages” according to the laws of the jurisdiction of the state, or the domicile of the victim described in Article 33 of the 1999 Montreal Convention or otherwise. The extent of those damages is either negotiated between the victims and/or their representatives and the insurers of the carrier and/or any other third party that may be fully or partially liable for the damages.
Recoveries usually include any quantifiable damages like the loss of income or support of the victim’s dependents, cost of children’s care and guidance, in some states loss of companionship, conscious pain and suffering of the decedent in the knowledge of his impending death or others. Non-pecuniary damages or punitive damages are recoverable only in some states. Where permissible, legal representation of the victim’s families may be available on a contingency fee basis – that is the legal representative receives a negotiated percentage of the damages awarded less any deductibles. In some cases – and according to state laws, the carrier/insurer/third parties pay the legal fees and expenses of the claimant.
The damages resolution is independent of the investigation into the probable causes of the tragedy, or from the subsequent judicial criminal proceedings. In fact, most of the time damages incurred are settled or adjudicated long before the accident investigation is completed and judicial proceedings are addressed. A fixed sum of Rs5 million that Airblue is purported to be offering to the families once a ‘succession certificate’ has been presented is a little odd since it does not take into account the specific circumstances of the diseased. It is up to the affected families to ask that differential damages be assessed for each individual on board that fateful flight based on their specific circumstances. Or they should seek the advice of the Air Crash Victims Families Group mentioned above whom I have found to be helpful, forthcoming and educative.
Meekal A Ahmed
Virginia, USA
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