IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 29TH SEPTEMBER 2011 / 7TH ASWINA 1933 WP(C).No. 23097 of 2011(J) -------------------------- PETITIONER: --------------- 1. PATRICIA D'SOUZA, AGED 48 YEARS, W/O.LATE IGNATIUS D'SOUZA, R/AT NEAR MUTHAPPA GUDE, SHAKTINAGAR P.O., MANGALORE, KARNATAKA STATE. 2. PRECITA D'SOUZA, AGED 17 YEARS, (MINOR), D/O.LATE IGNATIUS D'SOUZA, R/AT NEAR MUTHAPPA GUDE, SHAKTINAGAR P.O., MANGALORE, KARNATAKA STATE, (REP. BY HIS MOTHER PATRICIA D.SOUZA). 3. CHRIS GYARI, AGED 12 YEARS, (MINOR), S/O.LATE IGNATIUS D'SOUZA, R/AT NEAR MUTHAPPA GUDE, SHAKTINAGAR P.O., MANGALORE, KARNATAKA STATE, (REP. BY HIS MOTHER PATRICIA D.SOUZA). BY ADV. SRI.KODOTH SREEDHARAN RESPONDENTS: --------------- 1. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF CIVIL AVIATION, NEW DELHI-110 001. 2. NATIONAL AVIATION COMPANY OF INDIA LTD., (FORMERLY AIR INDIA CORPORATION), REPRESENTED BY ITS CHAIRMAN AND THE MANAGING DIRECTOR, CORPORATE OFFICE, DH ROAD, ERNAKULAM, KOCHI-682 016. ADV. SRI.P.PARAMESWARAN NAIR, ACG. SRI.JOSEPH KODIANTHARA, SENIOR ADVOCATE FOR R SRI.V.ABRAHAM MARKOS FOR R SRI.MATHEWS K.UTHUPPACHAN FOR R SRI.BINU MATHEW FOR R SRI.TERRY V.JAMES FOR R SRI.B.J.JOHN PRAKASH FOR R SRI.TOM THOMAS (KAKKUZHIYIL) FOR R THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/09/2011, ALONG WITH W.A.NO.1380/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.23097/2011 APPENDIX EXT.P1: COPY OF THE CHEQUE ISSUE TO THE PETITIONER AN AMOUNT OF R.10,00,000/- BEING THE INTERIM PAYMENT TO THE PETITIONER. EXT.P2: COPY OF THE REPLY DT.29.11.2010 BY THE RESPONDENTS COUNSEL TO THE PETITIONER. EXT.P3: COPY OF THE STATUTORY INSTRUMENT ADOPTED IN THE UNITED KINGDOM PURSUANT TO THE REVISION OF THE STANDARDS IN THE MONTREAL CONVENTION DT.30.12.2009. //TRUE COPY// PA TO JUDGE C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ. ------------------------------------------ W.P(C).No.23097 OF 2011 & W.A.No.1380 OF 2011 ------------------------------------------- Dated this the 29th day of September, 2011 J U D G M E N T ~~~~~~~~~~~ C.N.Ramachandran Nair, J. W.P.(C) is filed by legal heirs of the deceased victim in the air crash at Mangalore. Claim is for minimum compensation of one lakh SDRs in terms of Montreal Convention adopted in schedule 3 of the carriage by Air Act,1972. 2. The Writ Appeal is filed against the interim order of the learned Single Judge directing payment of a further sum of Rs.10 lakhs over and above Rs.10 lakhs already paid by the Air Company. Here again, following our judgment in the Review Petition No.667/2011, we direct the respondents to pay balance amount of Rs.20,70,000/- over and above Rs.10 lakh ordered to be paid by the learned Single Judge in addition to the advance of Rs.10 lakhs paid totaling the payment of Rs. 40,70,000/- offered by the respondents towards full and final settlement. The claimants are free to file suit for balance amount, if any, W.P.(C) No.23097/2011 & W.A.No.1380/2011 2 payable and the respondents are free to resist the suit. The balance of Rs.20,70,000/- will be paid on the petitioners furnishing a copy of this judgment along with a statement that they are not interested to negotiate for settlement. The Writ Petition and Writ Appeal are disposed of as above. (C.N.RAMACHANDRAN NAIR, JUDGE) (P.S.GOPINATHAN, JUDGE) ps/30/9