KATHMANDU: The ordeal for the kin of Tara Air crash victims‚ it seems‚ is not going to end any sooner‚ with uncertainty whether they could get insurance claim.
While the airline company claims that they would get their insurance claim‚ insurers term the case ‘very tough’.
Out of 22 killed in Tara Air Crash last week‚ 18 were found to be Bhutanese who had been issued tickets in Nepali names. While three were crew members‚ one deceased had American passport.
Insurers say it is tough for the kin of victims to claim insurance as passengers were found to have ‘fake identity’.
“Under insurance law‚ only family members of persons bearing the names in the tickets issued can legitimately claim insurance‚” said an official at Himalayan General Insurance Co Ltd‚ which is also Tara Air’s official insurance agent. “We are not sure whether Tara Air will receive passenger insurance as per the agreement as the passengers were holding tickets in fake names‚” said the official‚ adding they are waiting for a Civil Aviation Authority of Nepal report on the crash.
“Tara Air hasn’t claimed insurance officially so far‚ and we will start the survey only after receiving the claim‚” said the official.
“They are not solely responsible for deciding the claim as their re-insurance partners from outside the country will also enquire into the incident.”
He admitted that ground for the kin of the victims to make insurance claim was very weak.
However‚ as far as the crew members are concerned‚ there won’t be much problem to claim full insurance and third-party liabilities as per the agreement. According to another insurance agency‚ there is no legal ground for claiming insurance when all the tickets are issued under fake identity.
Practically it is known that 18 of the deceased were Bhutanese nationals‚ but the only tangible legal proof for making insurance claims — tickets and other documents — do not reflect that.
In order to get insurance compensation‚ the concerned airline company needs to forward the names of passengers on board and family members of the deceased along with death certificates and kinship certificate approved by the District Administration Office.
In case of foreign passengers‚ required documents should come through concerned embassies.
Domestic airlines should go by International Civil Aviation Organisation rules that pledge insurance cover of up to $20‚000 per passenger‚ according to country’s civil aviation body‚ CAAN.
“It does not matter whether insurance company provides compensation or not. The airline has to provide insurance compensation to its deceased passengers as per international standards — Warsaw Convention and the Hague Protocol‚” said CAAN Manager Madhav Prasad Dahal.
http://www.thehimalayantimes.com/fullTodays.php?headline=Insurance+living+ordeal+for+victims%26acute%3B+families&id=MjcwMDY5
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