The relatives of the victims onboard the Russian A321 passengers, which exploded on 31 October in the sky over the Sinai Peninsula, began to file lawsuits against the airline Kogalymavia (Metrojet), and the insurance company “Ingosstrakh” about compensation of moral harm and compensation due to loss of breadwinner.
Over 10 families have already appealed to the courts, said the CEO spao “Ingosstrakh”, Mikhail Volkov.
According to the Russian legislation the amount of such payments is established by the decision of the court, says Volkov. “This can be a real judicial hearing, and may be an amicable agreement,” he says, adding that the company is ready to accelerate payments to go to settlement agreements and negotiate compensation.
The amount of payment for survivor benefits is determined individually. According to the civil legislation of the Russian Federation the size of the payment depends on the income of the deceased, the number and age of dependants, explains wolf. Compensation for non-pecuniary damage is usually several hundred thousand, he adds.
Compensation for loss of a breadwinner can be tens of millions of rubles, said the President of the Association for the protection of policyholders Nicholas Tyurnikov. “When account is taken of the number of working years left before retirement, multiplied by his salary at the time of death. What does it come with a certain factor, because it is assumed that the wage grows with the competence of a person,” explains Tyurnikov. If a person earned 40 thousand rubles per month and he remained 30 years until retirement, the relatives can claim more than 15 million rubles compensation, he adds.
The insurance company will pay compensation, the amount of which will be determined by the court, solely, despite the fact that acts as a co-defendant together with the airline. “The airline’s liability is insured in Ingosstrakh, and we had to pay the insurance indemnity to the airline, but decided to pay directly to the relatives,” said Volkov.
In “ingosstrahe” has been insured the company’s liability to third parties under the contract of compulsory and voluntary insurance. According to the law on compulsory insurance of civil liability of carriers insurance company in the event of a catastrophe should pay to relatives of victims on 2 million rbl., and 25 thousand rubles for burial and 23 thousand rubles for the damage of Luggage.
Only the plane at the time of the disaster there were 217 passengers. Now Ingosstrakh received 194 applications from relatives of the victims to receive compensation, 183 of them payments have been made. “At the moment we paid 377 million rubles”, – said Volkov. Until mid-February payment will receive the rest he promises.
A321 passenger liner companies “Kogalymavia”, which was flying from Sharm El Sheikh to St Petersburg, was wrecked on the morning of October 31. On Board were 224 people, including seven crew members and 25 children. They all died.
On the day of the crash, the TFR has opened a criminal case under part 3 of article 238 of the RF criminal code (rendering services not meeting safety requirements) and article 263 of the RF criminal code (violation of safety rules of movement and operation of air transport). At the same time the official representative of Department Vladimir Markin reported that the cases will be combined into one production.
Two weeks after the crash the head of the FSB Alexander Bortnikov reported to President Vladimir Putin that on Board the A321, there was a terrorist attack. According to intelligence agencies, an explosive device with power up to 1 kg in a trotyl equivalent. After that, the TFR did not report the investigation of the criminal case, as well as to change the classification of the crime. Previously responsible for the crash of A321 to the militants of the banned in Russia “Islamic state”.