My goal is to pin down people responsible for the air crash: Advocate

Just three days prior to the 10th anniversary of Mangaluru plane crash, one of the worst accidents in the history of Indian aviation that left 158 dead, Supreme Court has awarded a compensation of Rs 7,64,29,437 plus 9% interest per annum to the victim Mahendra Kodkani’s wife and children.

In 2018, National Consumer Disputes Redressal Commission had directed Air India to pay ₹2.95 crore as additional compensation to Kodkani’s wife and children. The Airlines had already paid ₹4.4 crore to the parents and family members.

Mumbai-based Advocate Yeshwanth Shenoy said the compensation amount was the highest awarded to an individual accident victim and among the victims of the Mangaluru air crash.

Shenoy also represents the family of the ill-fated IX 812 aircraft pilot Captain Z Glusica, who is being blamed for causing the crash.

“The case is in the final stages of hearing in Delhi High Court” Shenoy said.

Excerpts from an email interview with Yeshwanth Shenoy:

DH: Though Air India Express claimed that they had paid compensation as per the Montreal Convention, do you still think that many families did not get compensation that was due to them?

Shenoy: True many did not get the compensation they deserved. But they have none to blame, but themselves. Nobody wanted to fight for what is ‘Just’, everyone wanted to opt out of the ‘slow and tedious process of justice system’.

Everyone wanted to lay their hands on whatever was on offer and everyone justified it with hundred reasons. Just one family of a passenger and one of the pilots entrusted their claims to me and my instruction was not about getting the maximum money, my instruction was to value the dignity of life of person who died. Am I happy with the verdict? Yes. When the cost of compensation is less than the cost of prevention, there is never an incentive to prevent. I will not be surprised if Mangaluru sees another crash. We already have seen two close shaves and other incidents in Mangaluru after 2010 crash. Nothing has changed and nothing will.

DH: Air India Express has failed to keep its promise on building a community hall-cum-library in memory of Air crash victims.

Shenoy: I have no comments to make on this. I do not believe in symbolism.

DH: Barring some individuals many on the ill-fated flight were migrant labourers. Have the families coped well with the loss?.

Shenoy: Both my clients are coping with it, but it will always remain painful.

DH: What is the future course of your 812 Foundation?

Shenoy: For me compensation is not the logical end. For me, the logical end is when you pin down the people responsible for the crash and see to it that they are punished. I doubt if this will ever happen.

One of the persons responsible, fought an election in Mangaluru. Not one person responsible for the crash faced even the slightest grind from the system and most of them got promotions too. Again, its not the failure of the system, but the failure of the people.