Page 27 - Insurance Times April 2019

manufacturer and also the Air Craft Maintenance Company
of the Air Line etc. face claims made by families of dead
passengers.

However advices of Legal experts are needed before taking
legal actions.

Crew Members Liability:-
Crew Members Liability is met from Workers Compensation
Agreement reached by Air Lines and WCA Act liabilities
apply.

It is important to note that Crew Members liability is not
covered by the Warsaw Convention or by the Montreal
Convention.

Or – Location of Foreign Branch Offices of the Air Line from When Passengers are Multinationals:-
where Air Tickets are booked.
The Ethiopian Air Lines Flight Passengers were mostly
Or – The place of permanent residence of Air Passengers Foreigners – diplomats who were enroute to Nairobi to
at the Time of the Accident. attend and International Conference. India’s Foreign
representative died along with other members.
Lawyers can try to get maximum compensations for
Passengers through long litigations for all practical purpose Thus the compensation limits will be different according to
Air Line can take Loss Minimization Measures through co- country of domicile of passengers at the time of accident,
operations with all channels of communications.
location of Tickets booking office of the Air Line and
applicable levels of legal Liability Limits.
Code Sharing Air Lines’ Liability:-
When Malaysian Air Lines Flight MH 370 went missing there Besides these Legal Liabilities according to Montreal
was the issue of the involvement of Code sharing Air Line. Convention there may be additional Insurance Protection
China’s southern Air Line was Code Sharing Air Lines of purchased by flying passengers. Passengers families can
Malaysian Air Line. claim from Insurance companies who are liable to insured
passengers according terms and conditions of insurance
There may be many passengers of MH 370 who have policies purchased by the passengers.
booked air tickets from Air Lines flight number CZ 748 which
is same MH 370. The China south Air Line is not using its Quantum of Ethiopian Airlines Air Crash-
own aircraft but books passengers in its own code number
It is too early to arrive any amount of possible Loss but it
for MH 370.
will be huge with accumulations of all passengers Liabilities
as well as High Volumes of Aviation Hull of Boeing 737 MAX
In such cases China Southern Air Line would be equally
8. It may be little less than a billion US$!
responsible and liable to pay compensation to air
passengers of MH 370 booked through their Flight Code CZ
Insurers and Reinsurers cover Agreed Values of Aircrafts and
748. because of this there cannot be underinsurance of the Air
Crafts Values.
However Passengers cannot claims compensation from both
Air Lines. The overall Liabilities of Passengers killed in the crash and

the Aviation Hull Values always accumulate in the final
Aircraft Manufacturer’s Liability:- amount of less.
Families of the deceased passengers may consider legal
action against Aircraft Manufacturer, the Engine As compensation Claims can be within 24 months from the

The Insurance Times, April 2019 27