THIS is apropos of S.M. Anwar’s letter ‘Airblue crash inquiry (Jan 24). I salute the Peshawar High Court for analytically reviewing the truncated investigation report made public for the first time in the aviation history of Pakistan.The affected families now know the truth. The learned court has rightly rejected the report directing the federal government to constitute a board of inquiry, provision for which exists under CAA Rules 282 to 285.
Besides the proper investigation report to know the cause(s) of the accident for taking preventive measures for future, compensation to the bereaved families, both by the government and the carrier, remains a sour point.
Although the ministry of defence has received claims from over 90 affected families, it has so far paid a compensation of Rs0.5 million as announced by the prime minister to only about 40 families.
In this regard I have been interacting with the officials concerned of the ministry of defence on behalf of the affected families.
They have expressed their inability to pay all the affected families unless funds are released by the ministry of finance. Is it not pure apathy and disrespect to the departed souls that despite a lapse of almost a year and a half the matter remains unsettled due to indifference of various government officials? What would have been their response if any of their near and dear ones had been on board the ill-fated flight?
As regards the carrier, while it boasts of paying the highest amount of compensation in Pakistan, it is demanding the heirs to sign a global release foregoing their rights of claiming any damages from over 150 aviation-related organisations worldwide.
This is in clear violation of section 28 of the Contracts Act. Does the carrier have any authorisation from the organisations on whose behalf it is getting a release agreement signed from the victims’ heirs?
The court during the hearing on Jan 19 clearly differentiated between the compensation announced by the carrier and the affected families’ right to claim damages, directing the carrier not to restrict them from pursuing their damages claims at appropriate forums.
I feel the carrier should pay the announced insurance claim and compensation to the bereaved families immediately without infringing on their right to claim damages based on the outcome of the final investigation report.
SHAMIM SHAIKHIslamabad