Dana: Compensation per passenger, not per family

Aviation Nigeria

The Ministry of Aviation has rejected reports in the media that Dana Air is reluctant to pay family members of the June 3rd 2012 Dana air crash victims claiming compensation is per family and not per passenger.

A statement by the Special Assistant on Media to the Minister of Aviation, Joe Obi reads “Recently, we have come across disturbing reports in the media quoting some family members of the victims of the Dana air crash of June 3rd, 2012 to the effect that the airline is reluctant or unwilling to pay mandatory compensation to legitimate victims’ families per passenger”

“The reports suggest that Dana airlines, in instances where more than one family member was a victim of the crash, allegedly said it is paying compensation per family, not per passenger as required by law and extant local and international Civil Aviation Regulations.

“For the avoidance of any doubt, compensation for air crash victims is per passenger, not per family. In situations where several family members are victims, as is the case with the Dana crash, compensation is to be paid according to the number of persons involved and not per family as is being alleged against Dana Airline in some media reports. Neither Dana, nor any other airline for that matter can alter this rule.

The Aviation ministry noted that “Specifically, Section 48(3) of the Civil Aviation Act of 2006 provides that in any case of aircraft accident resulting in death or injury of passengers, the carrier shall make advance payments of at least US $30,000 within 30 days from the date of the accident to the natural persons or such natural persons entitled to claim compensation.

“Additionally, Article 17 of the Convention for the Unification of Certain Rules for International Carriage by Air, under the Second Schedule to the Civil Aviation Act of 2006, holds the carrier liable for damage sustained in case of death or bodily injury of a passenger.

It further stated that “Article 21 of the Modifications to the Convention for the Unification of Certain Rules Relating to International Carriage by Air, under the Third Schedule to the Civil Aviation Act of 2006, commands the payment of the sum not exceeding 100,000.00 United States Dollars for each passenger in case of death.

The statement reiterated that compensation is to individual passengers; “Note that the operative words are ”each passenger”. It will therefore be a violent violation of the law for any airline to do otherwise”.

The Ministry warned the general public, especially family members of victims of the Dana crash to “disregard any rumour, excuse or explanation contrary to the foregoing”.

Meanwhile, the Ministry of Aviation is working with Dana Airline and the Insurance companies to resolve all lingering issues and expedite the process of payment of full compensation to legitimate family members and Next of Kin of the victims.

Dana: Aircraft remains insufficient for mechanical integrity - AIB

Aviation Nigeria

The Accident Investigation Bureau on Tuesday said that the wreckage of the crashed Dana Air aircraft did not have substantial physical evidence that would have provided detailed information as to the mechanical integrity of the airplane.

The bureau said in an interim report that severe damaging and destruction of the aircraft after it fell off the sky had made it difficult to generate sufficient report on the cause of the crash.

Head of Public Affairs of the AIB, Mr. Tunji Oketunbi said investigations into the crash had however, progressed irrespective of the severe destruction of the airplane.

He said: 

"Despite the heavy destruction of the aircraft due to impact and fire, in addition to other post crash disturbance of the wreckage, which resulted in the absence of substantial physical evidence and flight recorder data that would have provided information on the operation, performance and mechanical integrity of the airplane, the investigation has progressed significantly."

Oketunbi however maintained that investigation of Dana Air 992 has proceeded on schedule with the objective of preventing similar accidents in accordance with the Accident Investigation Protocols of the International Civil Aviation Organisation(ICAO).

Oketunbi said the investigative activities had included the full participation of the state of manufacture/design represented by the United States National Transportation Safety Board and technical advisors, the US Federal Aviation Administration, the Boeing Company and Pratt & Whitney Engines.

The AIB noted that the safety issues identified during the investigation included engine and related system performance, flight crew performance, validation of foreign pilot certificates, pre-employment background checks of pilots and maintenance documentation.

It stated that four interim safety recommendations had been issued and implemented by the operator and the regulatory agency.

The bureau added that outstanding investigative activities were near completion and would be followed by the production of the final report.

Coroner court may strike out pathologists testimony on Dana crash

Aviation Nigeria

Vice-Chancellor of the Lagos State University and Chief Medical Examiner Prof. John  Obafunwa may have his testimony in the Dana inquest struck out on grounds of repeated absence from couurt proceedings.

The coroner, Mr. Oyetade Komolafe stated that Obafunwa's testimony would be closed and the court would proceed if he fails to appear in court.

“We will close that matter and will continue our proceedings,” Komolafe said.

The coroner also re-scheduled one of AIB’s consultants, Prof. Adekunbi Banjo, who had sought to refute certain allegations by Obafunwa, to appear in court on the same date with the Chief Medical Examiner.

The Lagos State Coroner court in Ikeja conducting an inquest into the crash had slated two hearing to cross-examine the pathologist and Obafunwa had been absent on both occassions.

Obafunwa who is a forensic pathologist had earlier testified on the probable causes of the death of the victims and provided the details of autopsy tests alongside the identification processes conducted on their bodies.

Counsel representing the Lagos State Government in the proceedings, Mr. Akinjide Bakare, restated on Tuesday that the Obafunawa was absent from court because of his 'University Duties'.

Although Obafunwa’s testimony has remained crucial to the inquest, Counsel for Dana Airline, Chief Bolaji Ayorinde (SAN), who was set to cross-examine Obafunwa, on Tuesday expressed disappointment over Obafunwa’s absence from court.

He said the adjournments suffered by the inquest were avoidable, if the offices of LASU’s Vice-Chancellor and the Lagos State Chief Medical Examiner were not being occupied by the same person.

The coroner, Mr. Oyetade Komolafe, who had wished to conclude the proceedings within the week, was forced to fix July 3 and 4 for the forensic pathologist to appear in court.

In related development, Dana’s Director of Flight, Mr. Oscar Wilson, is expected to appear in court on Wednesday for cross-examination.