Deji was the son of former Secretary to Government of the Federation, Chief Olu Falae.
The deceased was serving as commissioner in his Ondo State and a passenger on board Flight 361 that crashed on October 3, 2013 while conveying the remains of former Ondo State governor, Olusegun Agagu, for the funeral.
The late Falae’s wife, Ese and her three teenage children are claiming damages from the defendants for alleged negligence.
They are claiming $100,000 as general damages and N219,906, 250 which the deceased would have earned in 15 years as a lawyer had he not died.
The plaintiffs are seeking in the alternative, N108,527,750, £160,740 and $19,000 as special damages for alleged breaches of the defendants’ respective duties under the Civil Aviation Act 2006, Fatal Accident Act 1846 and Fatal Accident Law of Lagos State.
They are also praying the court to award N5 million as cost of filing the suit and legal fees, and 10 per cent interest on the post-judgment sum.
Meanwhile, the defendants have prayed the court to dismiss the suit, with NCAA contending that the aircraft was airworthy as at the time of the crash and had a valid certificate of air worthiness.
The family is contending that Associated Aviation, which operated the chartered aircraft, breached Section 74 of the Civil Aviation Act 2006 by failing to procure a legally binding insurance policy covering its liabilities, including compensation for damages that may be sustained by third parties.
It also wants the court to hold that the company breached statutory duties imposed by Section 55 of the Act when its aircraft at about 9.32 a.m., a minute after take-off, crash just outside the aerodrome and caused the deceased’s death.
According to the family, “The first defendant flew its Flight 361 in such as manner as to cause danger to the occupiers of the aircraft and indeed cause the death of the deceased.
“The only inference that can be drawn from the circumstances of this incident is that the first defendant was negligent or lax in carrying out its duties to the occupiers of the flight.”
The plaintiff said the NCAA also failed in its duties to ensure that the aircraft was safe to fly.
Vanguard
*They are contesting it?I am even so shocked that they have not compensated the Family since that time!
Very sad event
ReplyDeleteWhat about the funeral man and his son I hope his family are also suing?
The wife Ese is beautiful. The aircraft was really bad and old. The survivors said there was hole inside the plane and they came out true the hole when it crashed
DeleteThe wife Ese is beautiful. The aircraft was really bad and old. The survivors said there was hole inside the plane and they came out true the hole when it crashed
DeleteAfter four years! It is well
ReplyDeleteThe lawsuit is long overdue. One survivor said d plane was making some really funny noise since take off.... So sad, many lives were lost tht day.
ReplyDeleteToday is the traditional marriage of OBJ's son.
ReplyDeleteLord protect your children
Odiegwu!! Nothing will happen don't mind that woman.
DeleteNa Wa o.
ReplyDeleteChai fine man that passed away.
ReplyDeleteI thought there was a standard compensation fee for air crash victims? Abi it doesn't apply in Nigeria?
ReplyDeleteYes it's supposed to be $1m but you know Nigeria, some people don sit untop the money
DeleteNo premium, no cover. NCAA should pay dearly.
ReplyDeleteDeji Falae the man that gave me direction in life, only you believed my vision when i left my former place of work to this present place. Thank you Deji for being a good friend rest on till we meet on the resurrection morning.
ReplyDeleteHe was a good man
DeleteThe raw pain in the mother's eyes though. May God comfort them all. Loosing a loved one is terrible especially through an accident, some people never recover while some after therapy....
ReplyDeleteIt's so sad Deji died this way. He was a good man. Nice to people he came across and also very humble. I hope they win this case
ReplyDelete