LIABILITY OF CORPORATION

Press, Volume LXXXIV, Issue 25638, 29 October 1948, Page 6

LIABILITY OF CORPORATION

STATEMENT BY GENERAL MANAGER From Our Own Reporter WELLINGTON, October 28. If negligence involving the National Airways Corporation be proved claims of up to £5OOO could be made in respect of each passenger on the aircraft, said the general manager of the National Airways Corporation (Mr F. Maurice Clarke) to-day when asked to clarify the corporation’s liability for passengers aboard the missing Electra. The New Zealand National Airways Regulations, 1947, did not apply in any case where the Carriage by Air Act, 1940, was operative, Mr Clarke said. This act embodied the Warsaw Conference decisions of 1929. The National Airways Regulations state that no claim should be made against the corporation in respect of a personal injury to. or death of, any passenger caused by any occurrence on board an aircraft during flight or caused by any occurrence in the course of embarking or disembarking at an aerodrome except by the passenger or, in the case of the death of a passenger, by or for the benefit of the wife, husband, parent, and child of the passenger under the Deaths by Accidents Compensation Act. 1908, or by the personal representative of the passenger. No claim should be made for a larger sum than £5OOO. Other regulations state: “The corporation may by express contract in writing on the payment of such additional fare or other consideration as may be determined by the corporation agree that a person shall be entitled to make a claim in respect of the personal injury to or death of a passenger. Nothing in these regulations shall be deemed to alter the status or extend in*any respect the liability of the corporation as a common carrier of passengers. For the purposes of this regulation the expression ’aerodrome’ means any definite and . ground or water area intended to be used either wholly or in part for the landing or departure of aircraft.” Mr. Clarke said that for the payment of Is 6d at any airways office in the co Ji n l ry a Passenger could insure himself for an amount up to £lO,OOO