Disaster in Sochi will appreciate in London
The amount of compensation to the relatives of victims of the crashed Tu-154 could increase tenfold.
London’s high court took into consideration the claims of the relatives of the musicians of the Ensemble of the Russian army. Aleksandrova, doctor Elizabeth Glinka, military journalists and others killed during the Holocaust military Tu-154 flying 25 Dec 2016 from Moscow to Syria and collapsed in the Black sea after a stopover in Sochi. The plaintiffs believe that their loved ones died in the Commission of an international flight and, therefore, compensation should not pay for the Russian and foreign norms. The company SOGAZ, strahovaja passengers of Tu-154, I believe that the trial in the UK will only add to the relatives of the victims of the bitterness of frustrated expectations.
As explained “Kommersant” representing the interests of victims and who is now in London, the lawyer Igor Trunov, the statements of the representatives of the victims have been properly executed and delivered to the barrister — a lawyer who has the right to defend anyone’s interests in the English superior courts. At what stage is now the case, Mr Trunov, according to him, does not know, because the barrister, according to the local law, not allowed to comment on the trial preparation process. However, focusing on its international practice, Mr. Trunov suggested that in the near future, a London court will call the representatives of all stakeholders to the so-called prior consultation. To them the judge will listen to the positions of the disputants and offer them options of pre-trial settlement of the conflict. According to counsel, the majority of civil disputes in the High court generally is not brought to trial, and are in preliminary consultations.
Lawyer Trunov, he said, turned 78 representatives of the victims in Sochi. The victims of this disaster, as we became 92. Eight of them were members of the crew of the crashed Tu-154 — them “passenger” insurance does not apply, therefore, to put forward their demands in a foreign court to relatives of military pilots did not make sense. Relatives of the six dead passengers from the personnel officers of the Ministry of defence did not consider it necessary to seek additional compensation. All others, including the relatives of most of the dead artists song and dance Ensemble of the Russian army. Alexandrov, known for doctor Elizabeth Glinka and several journalists are counting on the support of the High court of London.
All plaintiffs, as told “Kommersant”, Igor Trunov, has already paid 2 million rubles. for each victim, and partially offset by so-called funeral expenses.
These numbers are recorded in the Air code of the Russian Federation, but Mr Trunov and his clients believe that the settlement with the relatives should have been applied by other regulations. The fact that the flight Tu-154, according to counsel, was not domestic but international, and carried out with it between the two member countries of the Montreal Convention of 1999, “On the unification of rules for international carriage by air”. Syria is a member of the Convention for many years, and Russia, we will remind, acceded on 3 April last year.
In this regard, significantly increased the liability of Russian companies to passengers, for example, for loss of baggage or flight delays.
But most importantly, approximately four-fold increase in the size of the payment for the done harm to health of the passenger.
Under the Montreal Convention, insurance for each victim was to be paid based 113,1 thousand special drawing rights (SDRs) — conventional units, which is calculated daily and depends on the appreciation of eight major world currencies. Given that the rate of SDRs, for example, on June 14, is 89,64 RUB, each of the victims, according to lawyer Trunov could claim 10 million 138 thousand.
The defense believes that this amount needs to be corrected, because of the need to apply resolution No. 785 of the European Parliament and of the Council of the European Union dated 21 April 2004, to tighten insurance requirements for air carriers flying into the EU.
According to the decree, the insurance coverage for each passenger shall be not less than 250 thousand SDR — 22,4 million roubles— and it is for this amount of compensation according to the victims, had to navigate by the insurer.
In this case, as told “Kommersant”, Igor Trunov, his arguments in the group SOGAZ, strahovaja flight and passengers of Tu-154, was not accepted. Then the lawyer and decided to find out the relationship with the partner SOGAZ — insurance firm Amlin MS registered in the UK and a member of the largest international insurance Corporation Lloyd’s of London. The action in the High court of London was submitted in solidarity to MS and Amlin group SOGAZ, also having representation in England.
According to the lawyer Trunov, the reinsurer is first provided to the insurer necessary for the maintenance of flight in Syria, the size of the so-called insurance capacity is €250 million, and after the fall of the military aircraft paid to a partner by international standards. SOGAZ same in his settlement with the relatives of the victims, as suggested by the lawyer is already focused on domestic standards.
In a press-service Russian “Kommersant” reported that the company “has fully complied with its obligations to the relatives of the victims in accordance with the legislative requirements and conditions of concluded agreements of compulsory insurance of civil liability of the carrier”. Group SOGAZ, according to her official representatives, “in any case is not going to obstruct the work of the well-known lawyer Trunov,” but believes that this activity “may mislead the relatives of the victims”. “We share their pain from the irreparable loss of their loved ones and don’t want to this was added the bitterness of frustrated expectations”, — noted in a press-service of the insurance company.