Heartless “defence” to MH370 compensation claim

FAMILIES of missing MH370 passengers still have no answers and Malaysia Airlines isn’t about to give them any in their defence of a negligence claim.

MALAYSIA Airlines has refused to accept responsibility for the heavy emotional toll the disappearance of its international flight MH370 has taken on families in a legal defence lodged in Australia’s Federal Court.

The defence filed in response to compensation claims from the Australian families of four passengers, insists next of kin are not entitled to bring a claim for nervous shock or psychological injury.

Good friends Bob and Cathy Lawton and Rod and Mary Burrows were among 239 people onboard MH370 when it left Kuala Lumpur for Beijing in March 2014 — where they had planned their holiday of a lifetime.

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Rodney and Mary Burrows were on MH370 with friends Bob and Cathy Lawton. Picture: Supplied

Less than an hour into the flight, the Boeing 777 veered dramatically off course and all communications were cut.

The adult children of the two couples were told their parents were dead, in a text message sent by Malaysia Airlines hours later.

Carneys Lawyers filed legal action against Malaysia Airlines on behalf of the families in February, on the basis the carrier was negligent for losing track of one of its own aircraft and failing to take adequate precautions for the safety of passengers.

Their statement of claim also said the airline “failed to prevent the flight being operated in a manner that caused it to crash”.

MH370 passengers Bob and Cathy Lawton were looking forward to the trip of a lifetime in Beijing. Picture: Supplied

As well as costs for funeral and other expenses, the families are seeking compensation for nervous shock and psychological injury including depression and anxiety.

Under the Montreal Convention, the onus is on the airline to prove it was not negligent in the event of a fatal crash.

But in its legal defence, Malaysia Airlines provided no evidence why it was not negligent and did not address questions about how it could lose a plane and what it did to ensure the flight was operated safely.

Instead the statement said Malaysia Airlines “did not know and could not admit that at a place unknown the flight crashed”.

Amanda Lawton, Glenda Brinckman and Missy Lawton with parents Bob and Cathy. Picture: Supplied

“Any nervous shock claims and/or claims in negligence against the respondent (Malaysia Airlines) do not fall within the scope of the respondent’s liability outlined (in the Montreal Convention) and are therefore not compensable,” said the defence.

The first tier of the Montreal Convention allows next of kin to be compensated for a sum up to $200,000 based on proven economic loss and beyond that, the airline must prove it was not negligent.

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