Kathmandu district court has ordered US-Bangla Airlines to pay compensation to the families of those who died in the plane crash at Tribhuvan International Airport. The decision came from judge Dr. Diwakar Bhatt’s single bench on Monday, ruling that the airline must provide compensation to the victims’ families.
The accident happened in February 2018 when a US-Bangla Airlines plane crashed while landing at Tribhuvan International Airport. 49 people lost their lives and 22 others were injured. Among the victims, 17 Nepali families filed a case in Kathmandu district court seeking justice and compensation.
After eight years, the court ruled that the victims’ families deserve compensation. Senior advocate Yuvaraj Sangraula, who provided free legal support to the families, called this ruling a landmark in Nepal’s aviation history. He explained that the families based their claim on the Montreal Convention, which Nepal interprets to protect passengers’ rights.
According to advocate Sangraula, the court partially accepted the claim and recognized the crash was caused by pilot negligence. He said, “This is the first time in Nepal’s aviation history that victims have been granted compensation through the court. Previously, no full compensation had been legally awarded.”
Families find hope after long struggle
Vidur Shrestha from Naikap, Kathmandu, who lost his daughter studying MBBS in the crash, said this decision gives hope after years of struggle. He described the many challenges they faced, including division and pressure from various sides. “We finally found a way through legal action to get compensation for the pilot’s negligence,” he said. “Now we are waiting to see how we move forward.”
Compensation amount and legal process
The Kathmandu district court ordered US-Bangla to pay compensation ranging from 6.2 million to 35 million Nepali rupees per family. The total compensation for 17 families is about 380 million rupees. The court specified this amount should cover education and other expenses for the victims’ children.
The flight, carrying 67 passengers from Dhaka, Bangladesh, crashed while landing on February 11, 2018. Among the dead were 22 Nepalis, 28 Bangladeshis, and 1 Chinese citizen.
Initially, there was confusion over which court had jurisdiction since the plane was registered in Bangladesh but crashed in Nepal. After several legal battles, Nepali courts confirmed they had jurisdiction over the case and compensation claims. The Supreme Court has yet to give a final decision.
US-Bangla has been legally represented in Nepal by the law firm Pradhan and Associates in Lalitpur. After the accident, the airline paid only $20,000 in advance to families in Nepal. Apart from insurance claims, families had not received full compensation.
The 17 Nepali families demanded compensation following the Montreal Convention, which requires airlines to provide compensation equally to foreign and Nepali victims. They claimed luggage and cargo compensation should be equal for all.
An investigation commission led by former secretary Yagna Gautam found the main cause of the crash was pilot Abid Sultan’s negligence. The report revealed the pilot was stressed and emotionally disturbed at the time.
On August 30, 2019, families of 17 victims, including 1 injured and 16 dead passengers, filed a case in Kathmandu district court demanding compensation due to pilot and airline negligence.
In August 2018, then tourism minister Ravindra Adhikari brought Nepal into the Montreal Convention system. Previously, Nepal followed the 1929 Warsaw Convention which had many limitations on compensation and insurance claims.
The Montreal Convention improved compensation laws by clearly separating insurance and compensation processes, allowing for modern and unlimited compensation systems. This change benefits victims by providing clearer and better legal protection.
