Ruling Clears Path For Claims To Be Filed

The loss of Malaysia Airlines Flight 370 was an "accident", according to an official declaration made Thursday by the Malaysian government.

In a release, the Azharuddin Abdul Rahman, Director General of the Department of Civil Aviation Malaysia said that "the Governments of Malaysia, China and Australia have spared no expense and resources in the search for MH370. This has been done with the paramount aim to find the aircraft and to seek answers. It has been done in hope of bringing some solace to the families of the passengers and crew on board MH370, which we respectfully refer to as the “next-of-kin”. We have endeavored and pursued every credible lead and reviewed all available data.

"Despite all these efforts over the last 327 days (as of January 28 2015), the search unfortunately has yet to yield the location of the missing aircraft.

"Based on the analysis of all available evidence and the supporting factual information that I have mentioned, this data supports the conclusion that MH370 ended its flight in the southern Indian Ocean. Based on the same data, we have concluded that the aircraft exhausted its fuel over a defined area of the southern Indian Ocean, and that the aircraft is located on the sea floor close to that defined area. This is a remote location, far from any possible landing sites. It is also an area with adverse sea conditions with known depths of more than 6,000 meters (approx. 20,000 feet).

"After 327 days (as of Jan 28, 2015) and based on all available data as well as circumstances mentioned earlier, survivability in the defined area is highly unlikely.

'It is therefore, with the heaviest heart and deepest sorrow that,on behalf of the Government of Malaysia, we officially declare Malaysia Airlines flight MH370 an accident in accordance with the Standards of Annexes 12 and 13 to the Chicago Convention and that all 239 of the passengers and crew onboard MH370 are presumed to have lost their lives."

Rahman said that the government will assure "that Malaysia Airlines will undertake their responsibilities in relation to the legitimate rights and interests of the next-of-kin as provided under the relevant international instruments and relevant domestic laws, with due consideration to international practice. This includes the fulfilment of the compensation process, whether it is pursued through consultation or through litigation."

He also said that the search for the airliner will continue. "We will forge ahead with the cooperation and assistance of the Governments of China and Australia. MH370, its passengers and its crew will always be remembered and honored."

(Image from file. Not accident airplane)

FMI: www.dca.gov.my/