Mangalore, August 28: The Mangalore Air Crash Victims' Families Association, set up to fight the cause of victims of IX812 crash on May 22 last year, will take the opinion of Swedish law firm Advokaterna Liman & Partners, before approaching the Supreme Court on the verdict of Kerala Division bench of high court.
Association president Mohammed Beary said: "We are negotiating for a better deal for 48 families (who did not accept compensation) with the insurance arbitrators in London through the Swedish lawyers. We will ask whether those who have already accepted compensation under duress could be included. If not, we will approach the Supreme Court.''
"We want the correct interpretation of the Montreal Convention. As pilot error has been established, the liability clause is void,'' Beary said adding the Thursday's judgment, according to him, is relevant only when there is no pilot error.
Meanwhile, Habib Rahman Ullal, businessman, who lost five family members, says that it's a black day for all the victims families. He lost his two brothers Ahmed Naushad, an accountant and Mohammed Ashraf, a computer engineer. Ashraf's wife Maimuma and children Azad Abdullah (5) and Ayesha Afsin (2, 1/2) also perished in the crash. He contends that the Thursday's order interpreted the convention wrongly. Otherwise why AI hiked compensation for Ashraf, who was drawing Rs 1.7 lakh, from Rs 25 lakh to Rs 90 lakh after negotiations,'' he questions.
He claims AI offered just Rs 1.25 crore at Rs 25 lakh for each of the five victims in the first round of negotiations. The family was coming to Mangalore as Naushad was to get married June 13, 2010. We will go to the Apex Court. We are financially tied up, but will somehow pool money and fight the case,'' he asserts.
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