Mulla & Mulla handles Air India crash claims for reinsurance Cos

Air India
Air India

Mulla & Mulla & Craigie Blunt & Caroe and a UK firm are representing Air India’s insurance underwriters in compensating victims of the Air India air disaster, potentially handling claims running to Rs 400 crore ($85m).

Mulla & Mulla partner HD Nanavati is representing India’s national reinsurer General Insurance Corporation (GIC) in the claims, while a UK firm is acting for the international reinsurers, which is understood to include Mitsui Sumitomo.

Air India published a notice in national newspapers today offering Rs 10 lakh to the next of kin of every adult victim of the Air India plane crash which killed 158 passengers with only eight survivors.

Air India would pay Rs 5 lakhs for each child below 12 years of age and Rs 2 lakhs for each injured passenger, according to the notice.

These preliminary payments would be adjusted against the final compensation available, which could run to Rs 300 crore as damages and another Rs 100 crore for passenger and cargo compensation claims, insurers have told the Times of India.

Under Article 21 of the Montreal convention, which India joined in June 2009 after passing the Carriage by Air (Amendment Act) 2009, carriers are liable for a maximum of 100,000 special drawing rights (SDR), which is equivalent to $147,000 at today’s rates.

Around $20 to $1,400 are payable per kg of luggage.

Bhasin & Co managing partner Lalit Bhasin, who has acted in previous aircraft compensation claims, said: “Generally all these matters are settled on the basis of the maximum liability – the airlines offer the maximum amount. In this case it is equivalent of 100,000 SDR.

“In about 95 per cent of cases, these are all settled with the family members of the deceased passengers.”

The payments would fall in their entirety on Air India’s insurance companies and their respective reinsurers, explained Bhasin.

Air India’s primary insurers for a $24.23m premium were a Reliance General-led consortium, which included IFFCO-Tokio General Ergo Insurance, Bajaj Allianz General Insurance and HDFC General Insurance.

These companies in turn reinsured to GIC and General Mitsui Sumitomo Insurance, which are now handling the claim through their instructed lawyers.

Mulla & Mulla and BLG declined to comment.

Comments

Anonymous guest 25 May 2010, 03:33
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Its sad - the kind of incidental news that an air crash can give rise to... and equally, its reporting! Kian, I appeal to you to please remove this post: I see no meaningful reason for you to report this.
Anonymous guest 25 May 2010, 16:38
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#1, I don't know what is wrong with the post? After all, Legally India serves and educates the lawyer community. It is not everyday that these things happen. Many of the lawyers do not know these insurance claim details and who are handling those matters. If any event has any incidental story, there is nothing wrong in telling them. The friends will definitely contact those who are working in Mulla & Mulla or other Law Firms to find out how do they go about the claims, the nitty gritty etc. It would be an eye opener.
Anonymous guest 26 May 2010, 20:46
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I would like to thank legallyindia for posting this news. One question in my mind is that what is the percent/ration of claim which the premium insurance companies have re-insured from GIC and Mitsui Sumitomo (Japanese Giant).