HC Rules Captain’s Family Entitled to Compensation in Air India Express Crash

MUMBAI: The Bombay High Court on Wednesday ruled that the family of the Serbian captain of the Air India Express flight that crashed after landing at Mangalore airport in May 2010, killing 152 passengers and all six crew members, is entitled to compensation of around ₹4.11 crores.

A single bench of Justice Sharmila Deshmukh passed the order on an appeal filed by Air India Charters Ltd challenging the Labor Commissioner’s October 2013 order to pay compensation to the family of Captain Zlatko Glusica, who also died in the crash.

Air India Express 812, en route from Dubai to Mangalore, crashed while landing at Mangalore on May 22, 2010. Captain Glusica reportedly continued an unstabilized approach despite three calls from the first officer to initiate a “go-around”, which resulted in the aircraft skidding off the runway, crashing down a hillside, killing 152 of the 160 passengers on board and all six crew members.

Two years after the incident, the airliner deposited an amount of ₹3.32 crores as provided under the Workers’ Compensation Act, 1923, with the Labor Commissioner. The latter supported the demand of the Glushitsa family members that compensation should be calculated based on the captain’s salary of $11,000 per month, as well as a 50% fine for failure to pay the compensation amount within a month after the incident and 12% statutory interest on the amount. provided as compensation.

Air India Express disputed the claim, arguing that the captain was hired on the airliner through Sigmar Aviation and the airline paid US$11,000 per month towards his salary to the labor supplier, but his actual salary was US$9,170 per month.

In addition, the airline also objected to the levy of the maximum penalty of 50% stipulated by law for an employer to pay compensation beyond the due date in the month following the incident. The crash occurred in May 2010, but the airline only transferred the amount to the Labor Commissioner in September 2012.

Justice Deshmukh also agreed with the airline’s contention that the two-year delay was properly explained as the airline was unaware of the actual salary received by the captain from Sigmar Aviation and even the interim compensation ₹The Rs 10 lakh each that was paid to other victims of the disaster could not be paid to the family of the captain as the airline was not aware of the whereabouts of the dependents of the deceased captain.

The family will now go around ₹4.11 crore – based on salary of US$ 9,170 per month – along with interest at the rate of 12% from the date of incident to the date of deposit of compensation by the airline with the labor commission.