IMPORTANT POINT
Air Carrier is liable to pay damages sustained in the events of death due to accident and compensation is to be determined and awarded with reference to law of domicile of passenger permanent residence of the passenger.

M.B. Shah, President — This complaint is filed by the wife and children of the deceased Sanjay Bhatia who was travelling by Kenyan Airways from Bombay to Nairobi on 30.1.2000, Unfor-tunately, there was air crash into the sea of Ivory Coast, near Abidjan, resulting in death of Sanjay Bhatia and the other passengers.

2. As compensation claimed was to be settled by M/s. Mulla and Mulla, Solicitors, on 15.2.2000 the Complainant sent a fax message requesting them to sent modalities in making claim. Claim form was sent requesting the Complai-nant that it should be supported by documentary evidence, where available. On 20.2.2000 M/s. Mulla and Mulla received the claim form by post but with-out any supporting evidence, and with a request, “send me the claim amount immediately”. On 29.2.2000 M/s. Mulla and Mulla telephoned one Mr. Ajay Bhatia (brother of the deceased) that compen-sation was to be assessed by reference to pecuniary loss and asked him to send income tax return. On 10.4.2000 again a request was made to send income tax returns as a very substantial figure has been mentioned in the claim form with-out giving details as to how that figure had been arrived at or giving any other evidence. On 10.4.2000, a certificate of V.K. Bhatia & Co,. Chartered Accoun-tants was sent showing distributable share from the profit of HUF was Rs. 16,81,039/- for accounting year 1998-99 with a request to settle the claim imme-diately and oblige. Again on 14.4.2000 Complainant wrote letter stating that it was not required to file return and requested that the claim be settled immediately and oblige. It is submitted that on 17.4.2000 Satish Bhatia, brother of Anita Bhatia met M/s. Mulla and Mulla and after discussing arrived at a mutually agreed settlement figure of $ 70,800.

3. Thereafter, Complainant No. 1, Mrs. Anita went to Bombay, signed documents and received the said amount on 28.4.2000.

4. Subsequently, legal notice was given on 19.9.2000 and this complaint is filed for recovering the compensation of Rs. 2,22,91,055/-, the break- up for the same is as under:

(a) Compensation payable to the Petitioners on Rs. 2,01,70,42.00

account of death of Shri Sanjeev Bhatia

(b) interest at the rate of 24% p.a. from the date Rs. 49.66,604.80

death till 1.4.01

(c) Mental harassment and injury caused to the Rs. 2,00,000.00

petitioners due to the threat given by the respondent

(d) Legal fees Rs. 50,000.00

Total Rs. 2,53,87,024.80

Less: Amount received on 28.4.2000 Rs. 30,95,968.80

Amount payable Rs 2,22,91,055.80

5. In this complaint, it is mainly contended that the Complainants were forced to accept the compensation amount because their financial position was totally insecure on account of the death of the sole bread earner. Against this, the Respondents were threatening that they can ensure that no compen-sation is paid to the Complainants for years to come; Complainants relied upon the said threat as father of the deceased had also died in a road accident in year 1978 and the claim for compensation was pending, even after lapse of 23 years. Therefore, the complainants had no choice but to accept and sign the agree-ment to receive the amount but after knowing the fact that they were entitled to receive the amount as claimed in their legal notice on 19.9.2000 and filed this complaint at the earliest. It is contended that such an agreement accepting abruptly low amount is on the face of it is unreasonable, unjustifiable and is because of exploitation of situation and therefore, void.

6. When the matter came up for hearing on 2.8.2003, after considering the provisions of the Carriage by Air Act and interior Agreement on Passenger Liability II A and Measures to Implement the IATA, this Commission passed a detailed order and arrived at the conclusion:

“IATA is a non-Government body of international airways. It makes schedules of the scheduled Airways and also decides about air tarif