"Nothing Wrong Done By...": Lawyer On Air India vs UK Law Firm Over Compensation

NDTV

2 days ago

New Delhi:
Legal experts from the US and the UK are leading the efforts to file lawsuits against Boeing - the manufacturer of the aircraft that crashed on June 12 in Ahmedabad. The AI171 crash was one of the worst in recent history, in which 241 people onboard the plane were killed and only one survived.
Air India had announced that it would provide an interim compensation of Rs 25 lakh or approximately GBP 21,500 to the families of each of the victims and survivors of the airline's crash to help address immediate financial needs. This, it said, is in addition to the compensation of Rs 1 crore announced by its parent company, Tata Sons.
However, families of the victims have accused the Tata Group-owned airline of "forcing" them to make financial disclosures under the "threat of receiving no advance compensation", even as the carrier "categorically rejected" the allegations and said efforts are being made to process the payments.
'Nothing Wrong Has Been Done'
Speaking to NDTV, James Healy-Pratt, Aviation Partner, Keystone Law, London, who is leading the legal effort, countered the claim and said, "In my view, and having spoken with a lot of British families, I can see nothing that has been done wrong by Air India or their insurers."
James Healy-Pratt and Owen Hanna from UK-based Keystone Law, along with aviation experts from the US-based Wisner Law Firm, are leading the legal effort. A similar case will be filed against Air India in the High Court in London.
According to Stewarts, the UK's largest litigation-only law firm, families of the victims alleged that they are being forced to fill out a questionnaire "in intense heat with no guidance on the terms and questions within it".
Mr Healy-Pratt, however, said He was in contact with the London lawyers for Air India and their insurers yesterday, and I made the same point. "Look, let's concentrate on helping the families process the payments...It's a non-issue. There's no point driving between families and Air India. I mean, why would one do that?"
'Focus Primarily On Air India, Boeing'
"The focus is primarily on Air India and Boeing...The aircraft manufacturer (Boeing) has had a checkered past over the last decade," he said.
Mr Healy-Pratt pointed out the whistle-blowing issues that have surrounded Boeing for several years. "The Boeing 737-Max's, the deferred prosecution in the United States and billions of dollars of fines...But more importantly, it's the consensus among the deployment of Ram Air Turbine (RAT)...Now we don't know at what point, we are assuming it was probably just past the rotation."
Ram Air Turbine or RAT - a small propeller-like device is deployed automatically when there is a dual-engine failure or total electronic or hydraulic failure.
He said that there are 10 reasons for the deployment of RAT if we look at the Flight Crew Operating Manual (FCOM), adding that there are three primary reasons: Double engine failure, an electric failure or a hydraulic failure. He said, "That's bad news if you've just taken off...Then the question is what caused the RAT to deploy."
The legal expert said the preliminary report will provide some indication about what happened...he added that there is consensus that there was a loss of thrust.
The planned lawsuits would be separate from any other efforts Tata Sons, which owns Air India, might be making to support or compensate the victims' families, including financial help.
The Montreal Convention 1999 establishes airline liability in the case of death or injury to passengers, as well as in cases of delay, damage or loss of baggage and cargo. Air India would need to fully meet the compensation norms of the Montreal Convention in financially supporting the families of those who have been killed in the crash.