S. Supreme airline to pay $170,000 for each crash victim – court rules

Author: Obaj Okuj | Published: Friday, February 24, 2023

The scene of plane crash in Pieri area of Jonglei that killed all onboard in March 2021 - CREDIT | Courtesy

A court in Juba has ordered South Supreme Airlines to pay compensation of 170,000 US dollars for each victim of the 2021 plane crash in Jonglei State.

In March 2021, a commercial plane registered as HK 4274, and owned by businessman Ayii Duang Ayii killed at least 10 people after it crashed in the Pieri airstrip, in Uror County.

Those who died include two children, six women, and two pilots – a South Sudanese and a Kenyan.

After months of trials, the court has reached its final decision on Friday before the defendants and families of the victims.

According to the Presiding Judge of Malakia court, the sentence was passed in accordance with the Montreal treaty.

The court also dropped the families’ demands for sums of money lost during the plane crash due to a lack of evidence.

The court found that the carrier, South Supreme after the crash, failed to transport bodies of victims to their destinations which is Juba city.

James Ladu Jada read the verdict this morning in Juba

“The defendant, South Supreme Airlines, pays compensation to the victims’ families, an amount of $ 170,000, or the equivalent of South Sudanese pound. The court found that the Montreal Convention stated that of the commercial function of the captain of the plane.”

“The captain has the capacity to represent the plane on behalf of the carrier in Airports in which there are no representatives of the owner of the aircraft, without the need for permission or a power of attorney from the company that owns the aircraft.”

“So the court found that the defendant’s defense had no basis because the agreement spoke about that the pilot of the aircraft has two capacities in the event that there is no representative of the aircraft at the airport concerned.”

On his part, the lawyer of the victims, Advocate Monyluak Alor Kuol welcomed the verdict.

He describes the decision as fair.

“We welcomed the compensation we feel is fair because it’s estimated according to Montreal Agreement,” Alor said.

“So, we feel is fair although they have some other losses, I think what is important is to say this point that the airline was responsible for the lives of the victims.”

Meanwhile, a representative of the victims’ families says although the court process took long. However, he said he is satisfied that justice has prevailed.

“This is the day we were waiting for to hear the decision and the final verdict. On behalf of the families of the victims, I welcome the verdict and I consider the decision issued by the judge in favor of the relatives of the victims and we consider it a fair verdict.”

“We as the families of the victims were very patient, we saw that there was negligence from the company, South Supreme Airlines, which had many planes crashes not only in Pieir but in various locations.”

The South Sudan Supreme Airline defense lawyer is yet to comment on the court decision.

The court give the two parties 15 days to appeal against the court verdict.

The Montreal Convention of 1999 provides benefits to passengers traveling by air on international or local flights.

The agreement allows those who suffer injuries or death as a result of an accident to obtain a higher level of compensation.

Under the Convention, air carriers are strictly liable for proven damages up to 128,821.00 special drawing rights (SDR), a mix of currency values established by the International Monetary Fund (IMF) equal to roughly US$175,000.

 

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