Court orders compensation to families of victims of US-Bangla accident

Shrawn 7, 2082

Suraj Kunwar

Court orders compensation to families of victims of US-Bangla accident

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The Kathmandu District Court has ordered compensation to the families of the victims who lost their lives in the US-Bangla Airlines plane crash at the Tribhuvan International Airport. Judge Dr. Sunday. Diwakar Bhatt's single bench ruled that the airline should compensate the victims.

A US-Bangla Airlines plane crashed while landing at Tribhuvan International Airport in February 074. In that accident, 51 people died and 20 passengers were injured. Among them, 17 Nepali family members, relatives of the victim's family, filed a case in the Kathmandu District Court.

The court gave its verdict 7 years after the incident and said that compensation should be given to the victim's family. Senior advocate Yuvraj Sangraula, who is providing free assistance on behalf of the victim's family in this case,  He said that this decision is exemplary in Nepal's aviation history. 

According to him, the family had filed a lawsuit from the Nepali side claiming the demand in line with the Montreal Treaty. "This judgment is historic in the accident caused by the negligence of the pilot," said Senior Advocate Sangraula to Kantipur, "This judgment given by Judge Bhatt's bench is the first in the aviation history of Nepal. Before this, there is no legal example of the victim receiving full compensation.'

Vidur Shrestha from Satungal, Kathmandu, who lost his daughter studying MBBS in this accident, said that after a long struggle, there was a sense of justice. Facing many challenges including separating the relatives of the deceased, we were able to pay compensation through legal means for the accident caused by the pilot who was not in a good mental state. Now we will say how to proceed after the full text comes,' he said. 

According to him, the Kathmandu District Court has ordered US-Bangla to pay a minimum compensation of 62 million to 3.5 million rupees. Its full details have not yet arrived. According to him, an order has been issued in the name of the opposition US-Bangla to compensate 17 families worth about 38 million rupees. The court has decided to provide this amount in the form of education and other expenses incurred by the family for their children.

22 Nepalis, 28 Bengalis and 1 Chinese citizen were killed when the US-Bangla Bombardier Q-4-Hundred plane carrying 67 passengers was coming to Kathmandu on 074 February 28 from Dhaka. 

After the difference in compensation between foreigners and Nepalis who died in this incident, the deceased Nepali students and the families of the injured decided to go to court. However, in the early years, the Court of Appeals reached the Court of Appeal through the United States Bengal District regarding jurisdiction.

In this matter, both courts decided that although the ship belongs to Bangladesh, since the accident happened in Nepal, the legal jurisdiction with compensation will belong to Nepal . The Supreme Court has not yet decided on this matter. Pradhan & Associates Law Firm in Lalitpur has been advocating on behalf of US Bangla in Nepal.

The victim's family in Nepal was given 20 thousand US dollars as compensation after the incident. Apart from this, the family members who came to the court did not understand the compensation including insurance . According to the Montreal Treaty implemented by both Nepal and Bangladesh, they demanded that the compensation for baggage, cargo and others should be the same as that of foreign nationals.

The family of 17 Nepali victims filed a lawsuit demanding compensation of 300 million for the deceased. The commission investigating the accident, which was chaired by former secretary Yagya Gautam, found the plane's commander pilot Avid Sultan to be the main cause of the incident.

Based on the cockpit voice recorder (CVR) of the ship and other evidences, he was stressed and emotionally disturbed, after the report of the accident, the families of 17 passengers, including 1 injured and 16 dead, approached the Kathmandu District Court on 14 July 076 with a demand for compensation, stating that it was due to the deliberate weakness of the pilot and the airline company.

In the second year of this incident, in July 075, the then Minister of Tourism, Rabindra Adhikari, made Nepal a party to the Montreal Treaty (1999). Earlier, according to the Warsaw Treaty of 1929, Nepal used to provide compensation including insurance for accidents in the airspace.

The Montreal Treaty greatly improved compensation for air travel . There is a separate and clear provision for insurance and indemnification after the entry into force of this treaty. Similarly, it has adopted unlimited and modern compensation system in favor of the victims . The Warsaw Pact is not clear . Indemnity and insurance had many limitations. The claim process is also complicated in this .

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