HC rules captain’s family entitled to compensation in Air India Express crash

The Bombay High Court awarded ₹4.11 crore to the family of Air India Express flight captain Zlatko Glusica, who died in a 2010 crash, after a legal dispute.

MUMBAI: The Bombay high court on Wednesday held that the family of the Serbian captain of the Air India Express flight that crashed after landing at Mangalore airport in May 2010, killing 152 passengers and all six crew members, was entitled to compensation of around ₹4.11 crore.

HC rules captain’s family entitled to compensation in Air India Express crash

A single judge bench of justice Sharmila Deshmukh passed the order on an appeal filed by Air India Charters Ltd, challenging the October 2013 order of the labour commissioner, granting compensation to the family of the captain, Zlatko Glusica, who too died in the crash.

The Air India Express Flight 812 from Dubai to Mangalore crashed on landing at Mangalore on May 22, 2010. Captain Glusica reportedly continued an un-stabilised approach despite three calls from the first officer to initiate a “go-around”, which resulted in the aircraft overshooting the runway, falling down a hillside, killing 152 of the 160 passengers on board and all six crew members.

Over two years after the incident, the airliner deposited an amount of ₹3.32 crore, as contemplated under the Employees Compensation Act, 1923, with the labour commissioner. The latter upheld the claim of Glusica’s family members that the compensation should be computed taking the captain’s salary of 11,000 USD per month along with 50% penalty for failure to deposit the compensation amount within a month of the incident, and 12% statutory interest on the amount granted as compensation.

Air India Express disputed the claim, contending that the captain was employed by the airliner through Sigmar Aviation and the airline was paying USD 11,000 per month towards his salary to the manpower supplier, but his actual salary was USD 9,170 per month.

Besides, the airline also objected to the levying of 50% maximum penalty provided under the law on the employer for depositing the compensation beyond the stipulated period of a month after the incident. The crash took place in May 2010, but the airline deposited the amount with the labour commissioner only in September 2012.

Justice Deshmukh also accepted the airline’s contention that the delay of two years was properly explained, as the airline was not aware of the actual salary drawn by the captain from Sigmar Aviation and even the interim compensation of ₹10 lakh each, which was paid to other victims of the crash, could not be paid to the captain’s family, as the airline was not aware of the whereabouts of the dependents of the deceased captain.

The family would now get around ₹4.11 crore - computed at salary of USD 9,170 per month - along with interest at the rate of 12% from the date of the incident to the date of deposit of the compensation by the airline with the labour commissioner.