Need To Prove Negligence

Northern Advocate, 30 October 1948, Page 5

Need To Prove Negligence

WELLINGTON, Sat. (P.A.) “Dependants or relatives of passengers in the airliner Kaka have no legal entitlement to claim the maximum £SOOO compensation provided by the Death and Accidents Compensation Act, 1908, unless negligence is proved against the corporation,” said Mr K. J. Crichton, secretary to the board and staff supervisor of the National Airways Corporation.

Regulations published in February, 1947, restricted the liability of the corporation in respect of passengers’ claims arising from death or personal injury to a passenger,” added Mr Crichton.

Quoting the regulations, he said: “No claim shall be made against a corporation in respect of personal injury to or the death of any passenger caused by any occurrence on board an aircraft during flight or caused by an occurrence in the course of any of the operations of emplaning or deplaning at an aerodrome, except by a passenger or, in the case of the death of a passenger, by or for the benefit of a wife, husband, parent or child of the passenger or by the passenger’s personal representative. "No claim in respect of these matters shall be made for a larger sum than £5000.”

Facilities for a personal accident cover for any passenger wishing to take out a cover for a particular day or for any amount required, regardless of negligence, were on sale at all booking offices, said Mr Crichton. The regulations and by-laws were also available for perusal at all booking offices.