MH17 families being denied proper compensation, say lawyers

A Sydney law firm has accused Malaysia Airlines of denying adequate compensation to the families of victims of the MH17 air tragedy.

The wreckage of Malaysia Airlines flight MH17 two days after it crashed in a sunflower field near the village of Rassipnoe, in rebel-held east Ukraine, on July 19, 2014. (AFP)

The wreckage of Malaysia Airlines flight MH17 two days after it crashed in a sunflower field near the village of Rassipnoe, in rebel-held east Ukraine, on July 19, 2014. (AFP)

L-H-D compensation lawyers have claimed at least two Australian families have been offered barely a quarter of the money they are legally entitled to obtain.

Under the Montreal international convention, families of flight tragedies are entitled to $AU183,000, paid by the airline irrespective of fault.

However, Malaysia Airlines have offered families only $AU50,000, which they say will serve as a credit for any future compensation payments.

Jerry Skinner an US attorney from LHD said the legal situation was very clear with regards to the payments owed to victims.

"They (Malaysia) signed the document, as did Australia, and they are bound in matters of international law pertaining to commercial air transportation by that law, and it basically provides that there is a strict liability payment that is made with no reference to any fault."

"The Montreal convention is quite short, there's only about four paragraphs that deal with compensation, and it makes it clear, you pay them the 183 (thousand), strict liability, if the passenger dies or is injured on the flight."

"The reason it's called a strict liability payment, and the reason it's referred to in that manner in the Montreal Convention, is that there is no other consideration, other than you were on the airplane, and you died."

"They're suggesting somehow or another, the law doesn't apply if the category of the deceased plaintiff is somehow a poor earner or doesn't have any dependents, (but) the law simply says, 'you will pay this amount'."

"I am very hopeful that, because Prime Minister Abbott has played such a strong role, and such a role as an advocate, that the political system will choose to help the legal system."


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2 min read

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By Angelo Risso


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