KOCHI: In a setback to the relatives of the 158 people killed in last year’s Mangalore air crash, the Kerala High Court on Thursday set aside a single judge order directing Air India to pay a minimum compensation of Rs 75 lakh each to them.
A division bench of justices C N Ramachandran Nair and P S Gopinathan held that Air India was liable to pay only actual damages proved by the claimants in case of death and the victims in case of injury.
The liability can be determined through negotiated settlement or by civil court of competitive jurisdiction, the bench held, allowing an appeal filed by Air India.
The national carrier as a matter of goodwill should offer a “reasonable minimum”, even if the actual damages payable in law is low, so that unnecessary litigation can be avoided, the bench observed.The bench directed the airline to pay compensation estimated by the attorneys irrespective of whether there is settlement or not. (PTI)
