Families of Air India Express IX-812 crash victims may have to wait longer for final settlement

Source: Gulf News.Com

Mangalore, 8 July 2010: The memories of the tragic air crash of Dubai-Mangalore Air India Express IX-812 that had taken place on the fateful day of 22nd May 2010 might have been slowly erasing from the minds of the general Indian public. However, the families of the victims of this terrible disaster are still undergoing the pain of not only losing their near and dear ones but also are  undergoing the ordeal of getting the compensation that is due to them. 

The ordeal of the  UAE-based relatives of the crash victims is far from over. While they are still struggling to pick up the pieces of their shattered lives, the family members and relatives  of victims find themselves in the whirlpool of legal compulsions and bureaucratic red tape as they run from pillar to post to get succession certificates and other relevant papers critical for making settlements and claiming damages. Some of the relatives of the  victims of the crash said that extended leaves, frequent trips and phone calls to India to complete formalities are taking a toll on their lives.

As if these problems are not enough, there are conflicting reports over the compensation amount. Air India’s insurers have reportedly hinted that the final compensation would be considered on a case-to-case basis.  This has prompted victims’ relatives to rally together to fight for their cause. An executive committee of 17 members, representing 88 affected families, both from the UAE and India, met in Mangalore on Wednesday to initiate the registration of the Mangalore Air Crash Victims’ Families Association.

M ohammad Beary, president of the association who lost his sister-in-law Zulekha in the crash said that the association has been formed to address issues facing the victims’ families. Further he mentioned that the association would be calling a special general body meeting on 11th July  to which families of all the 158 victim’s families have been invited to discuss the future course of action to be taken. 

Santosh Rai and his son Milind with the picture of Reshma, Naland and Viha-victims of the Mangalore air crash

To give an example of the problems and hurdles that are being faced by the relatives of the victims,  Dubai-based Santosh Rai, who lost his wife Reshma, son Naland and eight-month-old daughter Viha in the accident, said that he had to make three trips to Mangalore just to get his paperwork in place. The papers he has been running around for include police and autopsy reports, death certificates, family survival certificates and succession certificates, with each of these documents requiring several other papers, not to mention the task of getting required attestations in the Indian consulate in Dubai and the Ministry of External Affairs office in Mumbai. 

Narrating his woes, Santosh Rai  further said that he had to make three visits to the tehsildar’s  office in Mangalore only for the family survival certificate which states that his deceased family members are survived by him and 16-year-old son Milind. He will be applying for the succession certificate that identifies the legal heir next week. It will take at least six months to be issued, he said, adding it will be a while before he can settle bank accounts or claim the gratuity due to his wife who worked as a supervisor with Emirates NBD bank.

The  UAE resident Abdul Rahman is also faced with a predicament like that of Santosh Rai. An operations manager with a Dubai-based shipping firm, he has barely had any time to mourn the loss of his wife Shahida and nine-year-old son Zeshan. Almost immediately after the tragedy, he flew to Mangalore. Even after one month, Abdul Rehman is yet to complete the paper work and he is still stuck up in Mangalore.

Air India may have been prompt in disbursing interim relief of rupees one million  to the relatives of each crash victim and Rs500,000 for those under 12. However, it will take considerable time before the final dues are settled.

Sources said agents for the airline’s insurers in Mangalore have reportedly told them that the final amounts due to each victim would be considered on a case-to-case basis. While an immediate comment was not available from Air India, the Indian press quoted official sources in the government as saying it would be too optimistic for the families to expect the insurers to pay compensation as laid down in the Montreal Convention 1999.