Eena Siddique
AS the sad incident of PIA Flight PK-8303 plane crash on 22nd March 2020 is presently pending before the newly constituted Investigation Team of the Safety Investigation Board (SIB), my humble suggestion is that the Investigation Team, must also probe and examine as to who is to be held responsible for the grant of the permission(s) & NOCs for the construction of the High Rise Building(s) still existing near the close vicinity of the Jinnah International Airport.
Additionally, the Safety Investigation Board (SIB) must also give its strict findings with regard to the existing Marriage Halls, Banquets & Restaurants near the close proximity of the runway of the Jinnah International Airport and its possible consequences in terms of the probability of the bird strikes. The final report of the Investigation Team of the Safety Investigation Board (SIB) must also be made available to the general public, in terms of Article 19-A of the Constitution of Pakistan 1973, which specifically states that every citizen shall have the right to have access to information in all matters of public importance.
Lastly, the predecessors of passengers died in the sad incident must sought recovery of damages from Pakistan International Airline (PIA) by filling Suit(s) for the recovery of damages in terms of the Carriage by Air (International Convention) Act, 1966, Fatal Accidents Act (XIII of 1855) & Civil Aviation Authority Ordinance 2002. It is appropriate to mention that the Section 17 of the Carriage by Air Act 1966 states that the carrier (airline) is liable for damages sustained in the event of the death or wounding of a passenger or any other bodily injury suffered by a passenger, if the accident which caused the damage so sustain took place on board the aircraft or in the course of any of the operations of embarking or disembarking.
Likewise Section 22 of the Act states that in the carriage of persons the liability of the carrier for each passenger is limited to the sum of two hundred and fifty thousand francs. Where, in accordance with the law of the Court seized of the case, damages may be awarded in the form of periodical payments. It is notable that the Sindh High Court in the Case of Dr. Naheed Fatima Versus Pakistan International Airline awarded substantial amount of damages to the predecessor of the passenger who died in the PIA’s foker aircraft crash accident happened on 10th June 2006.
—The writer is Advocate of the High Courts, LLM Intellectual Property Laws.
