Jakarta, ID
Monday, May 28 2012, 17:33 PM

National

Boeing, UTC, victims, relatives at odds over compensation

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An Indonesian court will likely proceed with plans to summon US-based Boeing company and United Technologies Corporation (UTC) - largely held to blame for an accident in which 102 passengers of a Mandala aircraft died after the plane skidded off the runway and crashed.

The Boeing 737-300 Mandala aircraft crashed during take-off at Polonia Airport in Medan, North Sumatra, on Sept. 5, 2005.

Iman Sjahputra, the lawyer for relatives of 77 of the crash victims expressed his disappointment at the two companies, which he said had apparently ignored the court's call for mediation.

"Neither of the two American companies or their lawyers have approached us. This is a signal for the court to go ahead with the legal proceedings," he told The Jakarta Post here Wednesday.

South Jakarta District Court recently asked the two companies and crash victims to undergo mediation to seek an amicable resolution to the case.

The Indonesian court had taken on the case after Illinois District Court rejected a lawsuit filed by relatives of 77 victims of the accident. A total of 102 passengers were killed and many others were injured in the crash.

The families of 77 deceased victims are seeking US$40,000 in immaterial damages for the victims and $2 million in immaterial damages for their families.

The families of three permanently handicapped victims are seeking $50,000 in immaterial damages for the victims and $2 million in immaterial damages for their families.

The families of three victims that suffered traumatic experiences are seeking $30,000 in immaterial damages for the victims, and $500,000 for their families.

Boeing lawyer Stevanus Haryanto said his client had not accepted responsibility for the crash because it had violated no laws in either Indonesia or the United States.

The aircraft had failed to take off because of the poor quality of its engines and propellers, reports suggest. Boeing and United Technologies Corporation allegedly violated the 2001 government regulation on flight safety, because they had made, engineered and sold the aircraft.

The case has been adjourned until Jan. 12, 2010.