KOCHI: A Division Bench of the Kerala High Court on Thursday set aside a Single Bench order awarding Rs 75-lakh compensation to families of the victims of Mangalore air crash.However, the carrier is liable to pay compensation on actual damages proved by claimants. The liability so payable can be determined through negotiated settlement or by civil court. If no settlement is reached between the claimants and Air India company, actual damages payable has to be claimed and proved by the injured or by the claimants for the death of passenger before the civil court. However, the air carrier has to pay compensation reasonably estimated as payable considering the details of the victims furnished by the claimants. Air India submitted that already they settled the claims of 62 victims. Minimum compensation is Rs 25 lakh and the average paid for the death is Rs 80 lakh. The highest compensation of Rs 7.75 crore has been paid to the legal heirs of a cardiologist. The company further added that as of now, above Rs 50 crore has been paid to the claimants. They further added that negotiations are on for settling the remaining claim. In the course of negotiations, family members of B Mohammed Rafi offered to settle the liability of Rs 35 lakh. However, the claimant approached the High Court .
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