KUALA LUMPUR, July 20 — Australian Tim Lauschet has filed a lawsuit against Malaysia Airlines (MAS) over inadequate compensation received for his mother who died in the downing of Flight MH17 over conflict-wracked Ukraine last year.
The 24-year-old filed the suit through the law firm LHD Lawyers in the New South Wales Supreme Court on the anniversary of the incident last Friday, the Sydney Morning Herald (SMH) reported today.
According to the report, Tim only received A$50,000 (RM139,513) from MAS for the death of his mother Gabriele Lauschet, but his lawyers argue that the surviving kin should properly be compensated at least A$113,100 “no questions asked” based on the international aviation guidelines called the Montreal Convention.
Tim, a former labourer, was said to have also sold the family home and give up his job following his mother’s death.
"What choice do I have? Roll over and play dead?” Lauschet was quoted as saying
"I'm angry and I'm shattered, the same as always. I'm trying to put my life back together but it's really hard and Malaysia Airlines is not helping."
SMH reported that Tim is also claiming damages for loss of dependency and compensation for “psychiatric and/or psychological injury as a result of the death of his deceased mother” citing from the court papers filed.
Tim told the daily that the legal process was to get justice for his mother.
“I want Malaysia Airlines to pay for putting fuel dollars ahead of my mother's safety and then playing possum over responding to questions about the compensation. Now that's an Aussie term they need to understand. Let's see if they can play possum in court which is what this case is all about. Everyone should know that if they fly MAS and they get killed, MAS will play possum with compensation.”
LHD lawyer Jerry Skinner said that the action is currently limited to MAS but will not rule out filing similar legal action against others involved, including Russia or the Ukraine.
Flight MH17 carrying 298 people on board, was downed en route from Amsterdam to Kuala Lumpur July 17 last year.
There were no survivors.
Russia and Ukraine have both denied responsibility for its downing and several countries, including Malaysia and Australia are currently pressing for an international tribunal into the case.
