How the Aviation Industry is covered

under the law for claims:

The Aviation division is responsible for the growth of civil aviation, air transport
safety, and PIA, among other items, according to business rules. Under the
Pakistan civil aviation authority ordinance of 1982, the CAA is in charge of
controlling the civil aviation sector in Pakistan. PIA is a CAA licensee and a limited
liability company. The hallmark of a successful regulator is independence. A
regulator should be separate from both the government and the sector it
oversees. Regrettably, this is not the case with the CAA. The federal government
has the power to issue binding policy instructions to the CAA under the CAA
ordinance. The secretary of the aviation division chairs the CAA board, which also
includes four federal secretaries, the sitting vice chief of the air staff, and the PIA
managing director. To further solidify power, the secretaries of the aviation
division now have the additional role of acting director general of the CAA as of
2018.It should come as no surprise if the CAA's performance falls short of
expectations, given that the regulator has been without a full-time director
general since 2018 and operates under a board made up entirely of civil and
military bureaucrats. Neither the acting director general nor any of the CAA board
members is a civil aviation expert, and being a civil aviation expert is not even a
requirement for holding these positions. The CAA board's four federal secretaries
represent the federal government, which has its own political concerns and
stresses. While accountability exists in Pakistan's armed forces, no federal
secretary from the Past has ever been prosecuted and convicted, so the chances
of accountability at the necessary level in the CAA and PIA are slim to none.

Jurisdictions of the High Courts of

Pakistan entertain the claims:
Admiralty Jurisdiction of the High Court:
The Sindh high court and the high court of Balochistan shall have and exercise
admiralty jurisdiction as provided in this ordinance within their respective
territorial jurisdictions, and the Lahore high court and the Peshawar high court
shall have and exercise said jurisdiction within their respective territorial
jurisdictions in cases where any question or claim relating to aircraft is raised. The
high court's jurisdiction under clause of sub-section includes the power to settle
any pending and unresolved account between the parties in relation to the ship,
to order that the ship, or any share thereof, be sold, and to make any other order
that the court deems appropriate. The reference to claims in the nature of
salvage in clause of subsection includes claims for services rendered in saving life
from a ship or an aircraft or in preserving cargo, clothing, or wreckage that are
allowed to be made in connection with a ship or an aircraft under any law
currently in force.

What Claims Are To Be Entertained Under The Law:

 Any claim to the possession or ownership of a ship, or any share thereof, or
to the recovery of records of title and ownership of a ship, including the
registration certificate, log book, and other certificates required for the
ship's service or navigation.
 Any dispute between co-owners of a ship over the ship's ownership, jobs,
or earnings.
 Any argument relating to a ship's mortgage or fee, or any interest therein.
 Any claim for a ship's damages.
 Any claim made by a ship for damage.
 Any claim for death or personal injury caused by a defect in a ship or her
clothing or machinery, or by the owners, charterers, or persons in
possession or control of a ship, or of the master or crew thereof, or of any
other person for whom wrongful acts, neglects, or defaults, the owners,
charterers, or persons in possession or control of a ship, or of the master or
crew thereof, or of any other person for whom wrongful acts, neglects or
defaults, the owners, charter Negligence or default in the ship's navigation
 or management, the boarding, carriage, or discharge of goods on, in, or
from the ship, or the embarkation, carriage, or disembarkation of
passengers on, in, or from the ship.
 Any argument for the loss or damage of goods transported by boats.
 Any allegation arising from a contract relating to the carriage of goods by
ship, or the use or hire of a ship.
 Any action or allegation involving the salvage of life from a ship or cargo, or
any property on board a ship, or the ship itself or its clothing, whether
services were provided on the high seas, within territorial waters, or in a
port, including any claim arising from the operation of or under section 12
of the civil aviation ordinance, 1960, (xxxii of 1960), of the law relating to
civil aviation.
 Any towage allegation involving a ship or an aircraft, regardless of whether
the facilities were provided on the high seas, in territorial waters, internal
waters, or in a port.
 Any argument for pilotage in connection with a ship or an aircraft.
 Any argument relating to the provision of necessities to a ship.
 Any claim for loss of or damage to goods carried in a ship.
 Any claim arising out of any agreement relating to the carriage of goods in a
ship or to the use or hire of a ship.
 Any action or claim in the nature of salvage of life from a ship or cargo or
any property on board a ship or the ship itself or its apparel, whether
services rendered on the high sea or within territorial waters of internal
waters or in a port, including any claim arising by virtue of the application
by or under section 12 of the civil aviation ordinance, 1960, (xxxii of 1960),
of the law relating to salvage to aircraft and their apparel and cargo.
 Any claim in the nature of towage in respect of a ship or an aircraft,
whether services were rendered on the high sea or within territorial waters
or internal waters or in a port.
 Any claim for the forfeiture or condemnation of a ship or of goods being or
having been carried, or attempting to be carried, in a ship as a naval prize
or in violation of customary law of the sea or otherwise, or for the
 restoration of a ship or any other goods after seizure, or for admiralty,
along with any other jurisdiction for the grant of such reliefs as are
proscribed Apart from this section, a court of admiralty has jurisdiction over
ships or aircraft in respect of things done at sea that have been exercised
by a court of admiralty by tradition or custom of the sea.

WHO CAN MAKE CLAIMS: