Kathmandu Post:
A Kathmandu court has ordered Dhaka-based US-Bangla Airlines to pay $2.74 million (Rs 378.60 million) in compensation to the families of 17 Nepali victims of the March 12, 2018, Flight 211 crash at Tribhuvan International Airport, which killed 51 of the 71 people on board.
Citing gross negligence and wilful misconduct, including the pilot’s questionable mental state, the court held the airline liable for the deadliest aviation disaster involving a Bangladeshi carrier and a Bombardier Dash 8 Q400.
This landmark verdict marks Nepal’s first successful air crash compensation case in its 70-year history of aviation incidents, which have claimed approximately 964 lives across 70 crashes, often due to negligence.
The decision, issued by Judge Diwakar Bhatta on July 20, 2025, allows families to seek unlimited liability in cases of proven misconduct, setting a significant precedent. US-Bangla Airlines retains the right to appeal to the High Court and Supreme Court.
The compensation, excluding a $20,000 insurance payout per family, includes: $170,382 (Rs23.4 million) each for the families of seven MBBS students: Ashna Shakya, Anjila Shrestha, Meeli Maharjan, Neega Maharjan, Princy Dhami, Sanjaya Maharjan, and Shreya Jha.
$179,418 (Rs24.73 million) each for the families of six MBBS students: Shweta Thapa, Sanjay Poudel, Purnima Lohani, Angila Baral, Charu Baral, and Saruna Shrestha.
$107,170 (Rs14.74 million) for the family of Prasanna Pandey, a Himalaya Airlines employee.
$277,548 (Rs36.74 million) for the family of Dr Bal Krishna Thapa, a neurosurgeon.
$45,301 (Rs6.2 million) for the family of Gyani Kumari Gurung, a 67-year-old nurse.
$44,290 (Rs6.1 million) for survivor Dr Samira Byanjankar, who sustained serious injuries.
The crash occurred when the Bombardier Q400 veered off course during landing and burst into flames, killing 22 Nepalis, 28 Bangladeshis, and one Chinese national.
After a seven-year legal battle initiated on July 31, 2019, the court determined that US-Bangla’s failure to operate an airworthy aircraft properly constituted gross negligence.
The ruling drew on the Warsaw Convention of 1929 and its 1955 Hague Protocol, as neither Nepal nor Bangladesh was a party to the Montreal Convention at the time.
Nepal adopted the Montreal Convention in December 2018, which, as of October 2024, sets compensation limits at approximately $216,285 (151,880 SDRs) for death or injury.
Families rejected an initial $50,000 settlement offer from US-Bangla, whose $107 million insurance coverage included $100 million for passenger liabilities through Sena Kalyan Insurance Company and Sadharan Bima Corporation.
Advocate Amrit Kharel, representing seven families, clarified that the $20,000 insurance payout, covered by passenger ticket purchases, is distinct from compensation for negligence. “This historic win, the first in Nepal’s aviation history, holds airlines accountable for wilful misconduct and gross negligence, ensuring justice for victims,” Kharel said.
He added that the ruling could push airlines globally to prioritize safety, training, and maintenance.
Bidhur Man Shrestha, father of victim Angila Shrestha, expressed mixed emotions: “After seven years, we won justice, but the compensation doesn’t fully ease the pain of losing our child. The airline’s initial $50,000 offer was insulting.” Deepak Kumar Shrestha, a court information officer, noted that the full verdict text, detailing how compensation was calculated based on financial, physical, human, and psychological factors, will be released later.
US-Bangla spokesperson Md Kamrul Islam told journalists, “Our law firm will appeal to the higher court as per procedure.”
Court officials emphasized that the ruling could encourage stricter safety protocols across the aviation industry, offering a legal framework for victims to seek substantial compensation in Nepal.
