Kathmandu-A court has ruled that unlimited liability insurance applies to the US Bangla aircraft crash, citing human negligence. Families of 17 victims will receive nearly Rs 380 million in additional compensation.

The US-Bangla Bombardier aircraft crashed while landing at Tribhuvan International Airport on March 12, 2018, after flying from Bangladesh. The crash killed 47 people, including four crew members. Forty five died at the site and two died during treatment.

At the time, Nepal and Bangladesh were not members of the Montreal Convention. Families were therefore eligible for compensation under the Warsaw Convention, which allows only 20,000 dollars per victim. The convention also allows unlimited claims if negligence by the airline or crew is proven.

An investigation found that crew negligence caused the crash. Families of 17 victims filed compensation claims at Kathmandu District Court. Judge Dr Diwakar Bhatt ruled that crew negligence led to the crash and ordered the airline to pay additional compensation of nearly Rs 380 million.

This is the first case in Nepal where a court has based an aviation crash verdict on international aviation treaties.

The victims’ families filed the case in 2019. The court delivered the verdict after about four years. The full verdict, based on the 1929 Warsaw Convention, has now been released.

The court relied on cockpit data. It used the Flight Data Recorder and Cockpit Voice Recorder as key evidence. The court found no technical fault in the aircraft and concluded that human error caused the crash.

The Cockpit Voice Recorder showed that Captain Abid Sultan was under mental stress. The crew appeared confused about the landing route and failed to follow standard operating procedures. The captain had not slept properly and had only 15 hours of rest before the flight. He also handled communication with air traffic control during the flight, which increased workload and affected decision making. The court found that both pilots failed to follow standard safety practices.

The court cited Article 25 of the Warsaw Convention as amended by the 1955 Hague Protocol. It removes liability limits if human negligence causes an accident. The court also cited Article 21(2) of the 1999 Montreal Convention, which allows unlimited liability if negligence or misconduct by the airline or crew is proven.

The court stated that airlines can claim limited liability only if they prove that negligence did not cause the crash. If negligence is proven, the airline must bear unlimited liability.

The airline had tried to settle the case by paying 20,000 dollars per family. The court ordered additional payments to the families of 17 victims.

The family of Dr Bal Krishna Thapa will receive Rs 39.5 million. Families of Shweta Thapa, Sanjay Poudel, Purnima Lohani, Eljina Baral, Charu Baral and Saruna Shrestha will each receive Rs 27.49 million.

Families of Niga Maharjan, Anjila Shrestha, Sanjay Maharjan, Aasna Shakya, Shriya Jha, Princy Dhami and Mili Maharjan will each receive Rs 26.24 million. The family of Prasanna Pandey will receive Rs 17.5 million. The family of Gyanikumari Gurung will receive Rs 9 million. Dr Samira Byanjankar, who was injured in the crash, will receive Rs 6 million.