21/03/2018
In the aviation industry accidents are not uncommon but considering the heavy human cost and financial loss steps been taken to make it as safe as possible and resultantly, we are nineteen times safer in an aero plane than in a car.
As far as regulating the aviation industry is considered in the beginning every country has its own rules and regulations till 1929 when at Warsaw Convention for the Unification of Certain Rules Relating to International Transportation by Air was adopted by 23 nations. The Warsaw Convention made air carriers automatically liable for injuries and deaths of passengers allowing compensation of 125,000 gold francs ( equivalent of $8291) for each passenger. Later, in 1999 Montreal Convention was adopted with important amendments in Warsaw Convention. The first important amendment was increase in proven damages up to 100,000 special drawing rights (SDR), a mix of currency values established by the International Monetary Fund (IMF). The second amendment was that in case damages of more than 113,100 SDR are sought, the airline could avoid liability by proving that the accident which caused the injury or death was not due to their negligence or was attributable to the negligence of a third party. Hence, for the proven damages up to 1,00,000 SDR the aggrieved party was not bound to prove negligence of the air carrier and this much amount is to be automatically awarded for on board death or injury that was not the case in Warsaw Convention in which the aggrieved party was bound to prove negligence of the air carrier before getting any damages.
In Pakistan to give effect to the Montreal Convention and Applicable International Conventions in 2012, The Carriage by Air Act, 2012 was promulgated. Its fifth schedule deals with applicable rules relating to domestic flights. Para 21 of fifth schedule that replicates the provisions of the Montreal Convention provides that air carriers are strictly liable for proven damages up to Rs.50,00,000/-for on board accidents. Where damages of more than Rs.50,00,000/- are sought the airline may avoid liability that the accident that caused the death or injury was not due to their negligence or attributable to negligence of third party.
21. Compensation in case of death or injury of passengers. (1) For damages arising under paragraph 1 of Rule 17 not exceeding Rs. 50,00,000/- for each passenger, the carrier shall not be able to exclude or limit its liability.
(2) The carrier shall not be liable for damages arising under paragraph 1 of Rule 17 to the extent that they exceed for each passenger Rs. 50,00,000/- if it is proved that:
(a) such damage was not due to the gross negligence, intent to cause damage, willful misconduct or omission of the carrier or its servants or agents; or
(b) such damage was solely due to the gross negligence, intent to cause damage, willful misconduct or omission of a third party
Pakistan national airline PIA is considered the most accident prone airline. Unfortunately, nothing concrete has been done so far to improve its efficacy. In number of incidents causing severe human and financial loss PIA always shirked its responsibility and impose whole burden on poor pilots who lost their lives in crash. The compensation granted to bereaved families is also much less than prescribed in the International Convention and Act,2012.
Alia ijaz
