Throughout the history of Iranian aviation and subsequent to the occurrence of some air accidents, we are considering number of enactments regarding the manner of compensation of damage incurred as result of these accidents. Sometimes the said enactments have a limited scope and exclusively have been approved with reference to the specific air accident. In some cases, the relevant enactments are applicable to the past and particular air accident as well as to the future and following accidents. The accident of flight 291 of Iran Air Company at January 21, 1980 could be pointed as an example of the situation. The subject of this article is the critique of a recent judgment with regard to the demanding “diyah” in consequence of that accident. Although the extent of Iran Air Company’s liability for the accident of flight 291 apparently is considered by “the Legislative Bill on the Determining the Extent of National Iranian Air Company’s Liability in the Domestic Flights of Country” (enacted on March 12, 1980) but recently the chamber 180 of Tehran’s Public Civil Court at Shahid Mottahari Judicial Complex has ruled against the both Iran Air Company and Civil Aviation Organization to pay the “diyah” of a deceased passenger in proportion to the share of claimant. In upper process, the judgment of this chamber has been confirmed by the chamber 56 of Appellate Court of Tehran Province. The writer opines that the judgment in hand, i.e. compelling the defendants to pay the “diyah” which was unsettled for several decades, is morally acceptable and reconciles with the principle of non-discrimination. However, in the light of legal rules, the issuance of judgment against the air carrier and Civil Aviation Organization as the operator, controller and regulator of the civil aviation industry in this case, is contestable, either in relation to the primary issue (civil liability itself) or secondary ones.