RAMACHANDRAN NAIR, J.

1. An Air India Express on an International Flight from Dubai crashed on landing at the Bajpe International Airport at Mangalore on 22.5.2010 killing 158 and injuring the remaining 10 of the people on board including crew. The cause of the air crash is found to be pilot error and the National carrier does not dispute their liability for payment of compensation to the victims irrespective of whether claim is based on negligence of the carrier or not. Air crash victims on International flights are paid compensation based on International Conventions held periodically and India is a signatory to all such Conventions. The provisions of the last Convention which is the Montreal Convention of 1999 are also adopted in India by incorporation of the same as Third Schedule to the Carriage by Air Act, 1972 (hereinafter called "the Act") and by making necessary amendments to the said Act which came into force from 1.7.2009. The Montreal Convention of 1999 which is now Third Schedule to the Act unlike the previous Conventions namely, the Warsaw Convention 1929 and the Hague Protocol 1955 covered by Schedules I and II of the Act respectively does not fix any upper limit of liability for the carrier towards compensation payable for death or injury suffered by a passenger.

2. The provisions of the Act though make the Air Carrier liable for compensation, no special Forum is constituted under the Act or Rules to determine compensation or to settle dispute between the claimants and the Air Carrier. However, the National carrier which has suffered few air crashes in the past have evolved a mechanism to settle claims through negotiated settlement by engaging qualified Attorneys. Following the practice in the past, the National carrier engaged their Attorneys M/s.Mulla & Mulla and Craigie Blunt and Caroe for receiving claim petitions in the format prescribed by Air India, for negotiations with the claimants and their Lawyers and for settlement of liability. Based on Rule 28 of the Third Schedule to the Act, Air India gave advance compensation of Rs.10 lakhs to the claimants of each of the deceased adult passenger and Rs.5 lakhs to the claimants of each child died in the air crash. As of now, the Attorneys engaged by Air India has been able to settle the claims of 62 of the victims, of which 56 are cases of death and 6 cases of injury. It is seen from the chart furnished by them that the minimum compensation paid for death is Rs.25 lakhs and the average compensation paid for death is Rs.80 lakhs per person, and in the case of death of 10 well employed persons the settlement made is on payment of compensation of above Rs.1 crore per passenger, of which the award for three ranges from Rs.3 crores to Rs.7.757 crores. The highest compensation of Rs.7.757 crores is said to have been paid to the legal heirs of a Cardiologist who died in the crash. It is seen that handsome compensation is given for injury sustained also and in most cases compensation for injury paid is above Rs.10 lakhs and in one case it goes up to Rs.45.7 lakhs. From the information furnished, it is seen that atleast 6 more cases of death are partly settled and negotiation is said to be continuing for final settlement in respect of claims pertaining to them and the compensation so far paid to each of them ranges from Rs.15 lakhs to Rs.1.4 crores. The statement furnished by Air India shows that as of now above Rs.50 crores is paid thereby settling claims for 62 victims finally and partly settling the claims pertaining to another 6. Counsel for the Air carrier has informed us that negotiations are going on for the settlement of remaining claims. Of course wherever there is no settlement, claimants can file suits in appropriate civil courts in India.

3. Party respondents in Writ Appeal No.1197/2011 who are the appellants in the connected Writ Appeal, are the legal heirs being parents and siblings of Sri.Mohammed Rafi, an unmarried youngster aged 24 who di