Now Reading: Air India passengers may get Rs 1.8 crore each if flight incident is ‘accident’
-
01
Air India passengers may get Rs 1.8 crore each if flight incident is ‘accident’
Air India passengers may get Rs 1.8 crore each if flight incident is ‘accident’
Injured passengers on the Delhi-Phuket Air India flight that hit severe turbulence may claim up to Rs 1.8 crore each under the Montreal Convention, but only if the event is classified as…
The Story in Brief
Injured passengers on the Delhi-Phuket Air India flight that hit severe turbulence may claim up to Rs 1.8 crore each under the Montreal Convention, but only if the event is classified as an 'accident' and not a 'serious incident'. Legal experts point to ICAO Annex 13, which defines an accident as having at least one person seriously injured, hospitalisation over 48 hours, fractures, or severe bleeding. Two passengers remain hospitalised with head injuries and fractures. Under the convention, the airline is strictly liable and must pay unless it proves it was not negligent. India previously classified a similar Vistara turbulence incident in 2021 as an accident, setting a precedent. Victims have two years to file claims.
The Indian Opinion
The usual narrative pits passengers as litigants against a callous airline. But the law is clear: the Montreal Convention imposes strict liability for accidents. The real test is whether the authorities classify this severe turbulence as an 'accident' under ICAO Annex 13. A precedent from Vistara’s 2021 case suggests yes. Watch for the Aircraft Accident Investigation Bureau's formal classification, that single word determines whether compensation is capped or not.
Source: businesstoday.in
This story was synthesised by AI from the source linked above.
