Airblue’s counsel argues that lower courts impose liability beyond statutory limits
The Islamabad High Court (IHC) has granted interim relief to Airblue, suspending the enforcement of damages previously awarded in litigation stemming from the 2010 crash of the airline’s passenger plane.
The court noted that the case raises substantial questions regarding the correct application of Pakistan’s aviation liability laws, including the Carriage by Air Act 1934 and the Carriage by Air Act 2012.
The interim order was issued on Wednesday after Airblue challenged earlier judgments by the VIth Senior Civil Judge West and the VIth Additional District Judge West, both of whom had upheld substantial damages in favour of the families of passengers who died in the crash.
Airblue’s counsel, Hasan Mandviwalla, argued that the lower courts had imposed liability beyond the statutory limits without any finding of willful misconduct.
“Enhanced damages had been awarded without any finding of willful misconduct on the part of the airline or its agents, which is the legal threshold required to lift statutory limits on carrier liability beyond PKR 5,000,000 under the Carriage by Air Act 2012,” he said.
Read More: Airblue crash victims get Rs5.4b compensation
Mandviwalla further noted that the Carriage by Air Act 1934, which applied at the time of the crash, imposes an even lower liability threshold.
Following preliminary arguments, the high court set aside the operation of the earlier judgments for the time being, effectively suspending the enforcement of the awarded damages.
The matter remains pending before the IHC and is scheduled for further hearing on April 23.
 has granted interim relief to Air){kind=link}