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Siblings win Dh800,000 in compensation in flydubai crash in Russian city of Rostov-on-Don

Civil Court orders flydubai to compensate brother, sister for parents’ death in FZ981 crash of 2016

Image Credit: Reuters
Rescue workers at the crash site of a Boeing 737-800 Flight FZ981 operated by Flydubai, at the airport of Rostov-On-Don, Russia.
Gulf News

Dubai A court ordered flydubai on Monday to pay Dh800,000 in compensation to a Russian brother and sister whose parents were killed in the ill-fated plane crash of 2016.

The Dubai Civil Court ordered the national carrier, flydubai, to pay a moral and material compensation amount of Dh800,000, plus nine per cent legal interest to the Russian claimants.

On March 19, 2016, 62 passengers and crew members were killed in the ill-fated crash of flydubai FZ981 in the southern Russian city of Rostov-on-Don.

Lawyer Mohammad Al Hashemi

Lawyer Mohammad Al Hashemi, of Al Hashemi Advocates and Legal Consultants, lodged a civil lawsuit against flydubai in which he sought nearly Dh74 million to be paid in compensation to his clients, the Russian brother and sister.

In his lawsuit, Al Hashemi argued that his clients’ father and mother were amongst the list of passengers, who were on board flight FZ981 and died.

“The claimants are the only heirs of the Russian parents. The accident happened due to the crewmembers’ error," contended Al Hashemi. 

"Based on preliminary findings revealed by a primary investigation report, the crash was a result of a professional error by the crewmembers.

"Consequently, the claimants have the legal right to seek civil compensation against their accrued damages,” added Al Hashemi.

The lawyer lodged his civil lawsuit following unsuccessful attempts to talk the carrier into offering a financial settlement to the Russian brother and sister.

The crash site of a Boeing 737-800 Flight FZ981 operated by Flydubai, at the airport of Rostov-On-Don, Russia. Reuters

“We approached Dubai’s Legal Affairs Department in an attempt to communicate with the carrier and reach an amicable settlement pertaining to the deserved compensation.

"When the legal timeframe [to settle the dispute between the litigants] expired, the civil lawsuit was referred to court. According to articles 355 and 359 of the UAE’s Commercial Transactions Law, the claimants have the right to sue the carrier and seek compensation,” argued the lawyer.

In a previous hearing, the court had referred the lawsuit to the General Civil Aviation Authority to commission its aviation experts to look into the case and study the litigants’ presented papers, documents and reports.

Study

The aviation experts were also commissioned to study the flight data to confirm that the deceased were the claimants’ parents and also examine whether there was an insurance policy and if the brother and sister were eligible for compensation.

Al Hashemi said his clients were seeking Dh36 million in compensation for their father’s death and a similar amount for the mother’s demise.

According to Monday’s ruling, the Dubai Civil Court ordered flydubai to pay Dh800,000 in compensation to the claimants plus an annual nine per cent legal interest to be paid once the ruling become final.

The primary ruling remains subject to appeal within 30 days.

Al Hashemi told Gulf News that he is planning to appeal the judgement once he reviews the reasons of the Monday’s ruling.

Flydubai is also expected to appeal.

There were 44 Russians among the 55 passengers on board along with eight Ukrainians, two Indians and one Uzbek.

There were seven crewmembers on board including two pilots.

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