Twenty-three families of the Dana Air plane crash
victims have applied to the Federal High Court in
Lagos to amend their compensation claims.
The Justice Mohammed Idris court fixed October 21
for hearing of the case, which was brought against
Dana Air and the Estate of Pilot Peter Waxtan by the
families.
The Dana Air’s McDonnell Douglas MD-83, operating
as Flight 992, had crashed into a two-storey building
at Iju, Ishaga, a Lagos suburb, killing all 153 people.
The incident, which happened on June 3, 2012, had
generated controversies, among which was claims by
some families of the victims that they had yet to be
paid compensation.
A statement on Tuesday said 23 of the victims’
families wanted a review of their compensation
claims due to time lapse and other developments.
It said, “The plaintiffs, among others, prayed for an
order directing Dana to pay them the statutory
advance payment of US $30,000 in full, or the
outstanding due advance payment.
“They sought interest on the sum at the rate of 21 per
cent per annum from July 4, 2012, the 30th day after
the air crash and the date on which the payments
ought to have been made, until the date of the court’s
order.
“They also sought the costs of the applications
assessed at US$10,000.00 each.”
The applications were said to have been filed on the
families’ behalf by a consortium of lawyers, Aviation
Attorney Group, led by Oba Nsugbe of Pump Court
Chambers.
“Section 48 (3) of the Nigerian Civil Aviation Act 2006
requires a carrier to make advance payments of at
least $30,000 within 30 days from the date of an
accident resulting in death or injury of passengers, to
the natural person or such natural persons who are
entitled to claim compensation,” the statement
added.
Dana Air and its insurers are said to have failed to
pay the statutory advance compensation of $30,000
to the families of several victims of the air crash.
In their defence, Dana Air and Stacey Veolette Sellers
(who was sued as the personal representative of the
Estate of Mr. Peter Waxtan – the late pilot of the air
craft) denied liability and disagreed with the
interpretations the plaintiffs placed on relevant
provisions of the convention and the NCAA 2006 vis-
à-vis their claims.
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ana crash: 23 families seek amendment to compensation