Ambiguity Surrounds Details of Compensation Payment to Families of Ukrainian Plane Crash Victims

The amount and method of compensation payment to the families of Ukrainian plane crash victims remain unclear. Ukraine has stated it will pay compensation to the families itself, while simultaneously assisting the bereaved families in filing complaints and claiming compensation from Iran.

The amount and method of compensation payment to the families of Ukrainian plane crash victims remain unclear. Ukraine has stated it will pay compensation to the families from its own side, while assisting the families in filing complaints and claiming compensation from Iran.

The amount and method of compensation and damages to passengers and the Ukrainian plane that crashed in Tehran’s airspace appear to have become entangled in confusion. Iranian officials state that approximately 24 million dollars in blood money (diyah) for “passengers, crew, and cargo” and approximately 70 million dollars for aircraft damages are subject to payment.

According to reports from Iranian media, Gholamreza Soleimani, head of Central Insurance of Iran, announced today on the 23rd of Dey (January 13) that with the agreement of the Iranian and Ukrainian governments, aircraft damages would be paid by Iran, noting that the culprit in the downing of the Ukrainian plane has been identified.

He added that this amount would not be paid by Iranian insurance companies, and the Iranian government is cooperating well with the Ukrainian side on paying this portion of damages.

Meanwhile, Gholamali Jahangiri, deputy head of Central Insurance, spoke about insurance and compensation payments to the families of the deceased, stating that approximately 24 million dollars in damages are projected for “passengers, crew, and cargo,” which, combined with 70 million dollars in aircraft damages, totals at least 100 million dollars in total payable amount.

This amount could increase to 150 million dollars depending on the agreement between the negotiating parties, as the Ukrainian Boeing 737, which was produced in 2016 and transferred to the country, appears to have been worth between 80 to 90 million euros.

Previously, some media outlets had speculated that compensation, blood money, and aircraft damages would total around 3 billion dollars. However, this amount relates to damages inflicted on residential areas and other places, including utilities and refineries.

Ambiguity in the Method of Passenger Compensation Payment

Now the amount and method of compensation and blood money to the families of the deceased from the Ukrainian plane remains ambiguous, as according to Jahangiri, the Ukrainian insurance policy is not available and the exact amount of damages for passengers and crew cannot be precisely announced.

According to international insurance policies, for cargo, up to 1,500 dollars per passenger is covered, and for passenger insurance up to 250,000 dollars in insurance coverage is provided. These figures are specified in the Ukrainian insurance policy, but Iranian officials have claimed to be uninformed about them.

When questioned about the method of compensation payments, Jahangiri tied the conditions and manner of payments to an agreement between Iran and Ukraine.

Ukraine’s Assistance in Claiming Compensation

Reuters reported, citing Ukraine’s prime minister, that the country will pay 8,350 dollars to the family of each victim. Ukrainian officials also announced that they are assisting the families of victims in claiming compensation from Iran, the airline, and insurance companies.

IRNA reported today, citing some Canadian media outlets, that the family of each victim can receive up to 230,000 dollars in blood money based on the person’s status. However, the amount of compensation for the damaged aircraft has not yet been determined. It appears that the “method and details” of paying this compensation depends on the agreement between Iran and Ukraine.

Possibility of Payment by Ukrainian Airline

Globe and Mail, one of the Canadian media outlets, reported that it is likely that Ukrainian airline may be held liable in this accident, in which case the airline’s insurance would have to pay all damages, even if exceeding 230,000 dollars.

Based on the Montreal Convention, which Ukraine has also signed, in air accidents, the airline is obligated to pay compensation to the families of victims. This compensation varies based on the age and financial status of each person.

Some international laws hold the airline responsible for paying compensation in air accidents, but due to the plane crashing in Iran, it has been stated that “other considerations” exist that will be seriously examined in the legal proceedings.

Iranian and Ukrainian authorities have not yet made specific reference to these considerations.

Hasan Rezaeiffer, head of the Accident Commission of the Civil Aviation Organization of the Country, told IRNA yesterday that under normal circumstances, operating companies are responsible for paying damages, but given that the downing of the Ukrainian plane is not an “ordinary” accident, its compensation payment is determined in agreements between Iran and Ukrainian authorities.

Raderick Wensor, a lawyer in Toronto, also told Globe and Mail: “Families should pursue everything they are entitled to. They should start the complaint process as quickly as possible to prevent any unnecessary delays.”

Based on the Montreal Convention, the time limit is two years from the date of the aircraft crash.

Among the passengers of the plane shot down by the air defense of the Revolutionary Guards, there were nationals from Iran, Ukraine, Canada, England, Germany, Sweden, and Afghanistan. Some of the plane’s passengers also held dual citizenship.

Foreign ministers from five countries whose nationals were killed in the downing of the Ukrainian plane in Tehran are scheduled to meet on Thursday, January 16, in London. These countries intend to examine the possibility of legal action against Iran.

A Boeing 737-800 aircraft belonging to Ukraine International Airlines took off from Imam Khomeini Airport on Wednesday morning, the 18th of Dey, bound for Kyiv, when it became the target of the Revolutionary Guards’ air defense and all passengers and crew were killed.

Source: DW