Tragedy lost in red tape

By Laila Nasry

September 29, 1998 was a horrendous day for the families of the 54 people aboard the doomed Lion Air flight 602 from Palaly in Jaffna to Colombo.The crash off the coast of Mannar brought tragedy to many: 47 beautiful years of married life between the Sivapragasams ended, the Balasubramanium family lost their daughter and 17-year-old Thilakeswari her father, among others. Two years later, have they been able to cope with their grief and move on? Alas, it is not so.

Many a loose end due to the fact that no bodies were recovered after the crash, keep the pain and grief very real. Death certificates have still not been issued and compensation of US $ 5,000 (Rs. 360,000), the insurance cover for each passenger, has not been paid.

The relatives are waiting, but the death certificates and compensation, which Lion Air had promised they would help secure have not come. To add to their misery they are being sent from pillar to post.

"We lodged the compensation claims on the correct date - September 29, 1999 - exactly one year after the crash, but the Insurance Corporation is delaying the process. As there are no death certificates, the Corporation is awaiting a letter from the Sri Lanka Red Cross that there are no survivors," said Lion Air Finance Manager P.Dias, when contacted by The Sunday Times.

But why the Red Cross? ask relatives, when it was the International Committee of the Red Cross (ICRC) that handles such issues.

ICRC's Harasha Gunewardene said they had not been approached on this matter though they should have been, for situations such as this come under their purview. "If we are contacted, we will do everything in our capacity to help them."

The Red Cross had undertaken a "tracing project" as a favour to help settle the insurance claims soon, says its Director (Administration) confirming that Lion Air contacted them. "But incidents of this nature do not come under us. Initially, we told Lion Air to contact the ICRC, but they told us that when they did, the ICRC had asked them to get in touch with us. We have contacted our Mannar branch and are awaiting a report."

The Insurance Corporation, the insurance agents for Lion Air explained that they are willing to waive that letter. "If the families can produce the death certificates, the insurance claim would be paid promptly," Assistant General Manager G. Thalagala said.

Among all this red tape, these families are still waiting in hope. Though Lion Air had initially assured them of help to obtain the death certificates, that has turned out to be a broken promise, despite repeated entreaties and letters.

"We have sent a manifest with the details of the passengers to the Mannar Government Agent (the crash occurred off the coast of Mannar) to issue a joint death certificate. But it's easier and better to get the letter from the Red Cross and claim the compensation that way," says Ms. Dias.

But the relatives are caught up in a vicious circle - there were no bodies, so what proof do they have? The Deputy Registrar General Upali Tillekeratne has the answer - the easiest method is to get a joint order from the Magistrate's Court. "If the people are missing for over one year, then under the Evidence Ordinance, the Magistrate can give an order that they are considered dead and issue a joint death certificate," he explained.

However, separate cases have to be filed through the judicial officer for each death certificate. "In fact some people from Lion Air came to see me around three weeks ago and I told them the same thing," Mr. Tillekeratne said. If such action is impossible, the alternative is to get a report from the Government Agent and the police of the area confirming that those on the ill-fated craft are no more.

While formalities have to be adhered to, the families who have lost their loved ones are caught in a time warp. For S. Sivapragasam, who lost his wife Tharmanayaki of 47 years, life is not only lonely and sad, but also unmanageable. The lack of a death certificate means he cannot operate his joint bank account in Jaffna, plunging him into financial difficulties.

He also carries the added burden of the others because some families have approached him for assistance. "Their English is weak and they cannot correspond with the officials. So they tell me, "Uncle please help us get the death certificate and our money'. I am 72 years old. I'm a heart patient who also has high blood pressure and I can't do much either. I have written letters and even gone all the way to the Lion Air office which is near the Ratmalana airport, but up to now there has been nothing," he laments.

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