Families of the Nepali plane crash victims who were on US-Bangla Airlines Flight 211 are unlikely to receive a reasonable amount of compensation due to the Nepal government delaying the signing of the Montreal Convention 1999, according to The Kathmandu Post.
The Nepal government’s tardiness has prevented the families of the Nepali crash victims from receiving compensation up to $145,462 per passenger, reported the Nepalese newspaper.
All airlines are covered by mandatory insurance which pays compensation in case of accidents. The process is similar to third-party insurance for motor vehicles. Passengers and their families must be aware of the compensation they are entitled to in case of an accident.
There are two different conventions that govern the insurance or compensation amount in case of such accidents. They are: the Warsaw Convention and the Montreal Convention.
The Kathmandu Post said that Nepal had signed the Warsaw Convention. Hence, the airline is liable to pay over $20,000 to per Nepali passenger.
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In contrast, according to Article 21 of the Montreal Convention, in case of death of passengers, the airline is liable to pay up to 100,000 Special Drawing Rights, equivalent to $145,462, for each passenger.
The Montreal Convention, formally the Convention for the Unification of Certain Rules for International Carriage by Air, is a multilateral treaty adopted by a diplomatic meeting of International Civil Aviation Organization (Icao) member states in 1999.
Bangladesh signed the Montreal Convention on May 28, 1999, but it has not ratified the pact. Nepal has not signed the convention, although the process was initiated in 2010. Among South Asian countries, India, Pakistan and the Maldives are signatories to the convention, hence, the rules apply to the passengers of these countries and each gets $145,462 in compensation.
According to the Kathmandu Post, a senior Tourism Ministry official of Nepal said: “Signing the convention was never a priority for the Nepal government. The process is on, but it is very slow.”