The crash of Air India flight AI 171 on Thursday raises several questions for the people of India. Who should be held responsible? What damages can be sought by the families of the victims, and how?
While it is still early to ascertain responsibility, the aviation company is likely to be obliged to compensate victims. A large part of this liability would be covered by insurance, said Vihang Virkar, partner at DMD Advocates.
The 1999 Montreal Convention can offer more clarity, according to him.
Under the convention, to which India is a signatory, the airline may be liable to pay up to Rs 1.4 crore per victim. Tata Sons has offered a monetary aid of Rs 1 crore to victims of the plane crash.
"We will also cover the medical expenses of those injured and ensure that they receive all necessary care and support," Tata Sons Chairman, N Chandrasekharan, had said in a statement.
On top of this, Air India announced an interim payment of Rs 25 lakh, taking the total provision to Rs 1.25 crore. "Air India stands in solidarity with the families of the passengers who tragically lost their lives in the recent accident," it said in a statement on Saturday.
Beyond that amount, Air India must show that it took “all necessary measures to avoid the damage” or that the damage was due to factors beyond its control—a high bar legally, said Shiv Sapra, partner, Kochhar & Co.
Apart from this, relief can also be sought under Indian laws, but, in case the investigation conclusively points towards circumstances such as negligence or reckless behaviour, the liability could be higher than what is provided under statute, Virkar said.
Finally, if Boeing's (the company that made the plane) liability is established, claims can be pursued in US courts, said Alay Razvi, partner at Accord Juris.
India lacks a Victim Assistance Commission for air crash victims, unlike in countries like the U.S., where such infrastructure exists to assist families legally and financially, he said.
Abhinav Agnihotri, partner at Burgeon Law, echoed this. If the crash is found to have been caused by a flaw in the aircraft's design or manufacturing, Boeing could also be held responsible, he said.
However, a US law known as the General Aviation Revitalization Act (GARA) limits such liability if the faulty part is more than 18 years old.
Therefore, Boeing's liability depends on both the age of the component that failed and whether the problem was genuinely due to a manufacturing defect, said Agnihotri.
Finally, Agnihotri mentioned that the ground victims of aircraft accidents can seek justice under the Disaster Management Act, 2005, which provides for the effective management of disasters.
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