Tuesday, November 26, 2013

2005 Bellview Airlines crash: Captain’s Family Sues Airline Over Compensation

The family of late Captain Lambert Imasuen, the pilot of the Bellview aircraft, Boeing 737-200, that crashed on October 22, 2005 has filed a N100 million suit against the airline before the National Industrial Court (NIC) in Lagos, over the non-payment of the compensation due to their bread winner. 
The aircraft was on its way to Abuja when it crashed at Lisa Village, Ogun State, killing all 117 persons on board. The suit was filed by a representative of the family, Imuwahen Lenita Imasuen, who is the eldest child and administrator of the estate of late Captain Imasuen.

Other defendants in the suit are Kayode Odukoya, Tunde Yusuf, Gabriel Olowo, Emmanuel Ombu, Abisoye Mohammed, Kola Sobande, Chimara Imediegwu and Alex Iheuwa – all directors of the airline.

In a supporting affidavit, the claimant (Imuwahen), through her lawyer, Yusuf Kadiri, averred that immediately after the death of her father, she and other family members went to Bellview’s office as was required of the victims of the crash, and they were informed of their entitlement to a $100, 000 compensation for the death of Captain Imasuen as a victim of the air crash.

She said the defendant made an advance payment of $10,000 with the assurance that the balance of $90, 000 would be paid upon the production of a letter of administration of the estate of late Captain Imasuen.

However, upon the presentation of the said letter of administration, Imuwahen said the defendants refused to pay the outstanding balance of $90,000 despite repeated demands.

Besides, the family urged the court to compel the airline to pay the said $90,000 and N82 million damages, as well as the cost of the action and other benefits and entitlement accruing to the estate of late Captain Imasuen both as air crash victim and staff of Bellview Airlines.

But the defendants, in their statement of defence, denied admitting to pay the claimant $100,000 compensation, and that there was no time they gave any assurance, whatsoever, of paying $90, 000 balance.

The defendants added that on December 22, 2005, Bellview Airlines benevolently offered to pay the family of late Captain Imasuen $10,000 to alleviate any hardship occasioned by the crash to the family.

They further contended that the suit was brought in obvious bad faith, and that it should be dismissed with substantial cost. When the matter came up before Justice Lawal Mani, the family opened its case with the testimony of the claimant, Imuwahen.

While being led in evidence by Kadiri, Imuwahen lamented that despite the express assurances given to her by Bellview Airlines through its Company Secretary, one Andrew Orji, the company refused to pay the compensation thereby neglecting the family.

Source:   http://nationalmirroronline.net

NTSB Identification: WAS06RA004
Accident occurred Saturday, October 22, 2005 in Lagos, Nigeria
Aircraft: Boeing 737-200, registration:
Injuries: 117 Fatal.

This is preliminary information, subject to change, and may contain errors. The foreign authority was the source of this information.

On October 22, 2005 about 1935 UTC, Bellview Airlines flight 3210, a Boeing 737-200, Nigerian registry 5N-BFN, a domestic air carrier flight, collided with the ground shortly after takeoff from Mohammed Murtala International Airport, Lagos, Nigeria. The 6 crew and 111 passengers were fatally injured. The aircraft was destroyed. There was no fire. The destination was Abuja, Nigeria.

The accident investigation is under the jurisdiciton of the Republic of Nigeria, Ministry of Aviation, Accident Investigation and Prevention Bureau. The US Accredited Represenative is Dennis Jones, National Transportation Safety Board, Washington, D.C. (202-314-6321).