Ahmedabad, June 17, 2025:
In the wake of the tragic Air India flight crash near Ahmedabad’s Sardar Vallabhbhai Patel International Airport, legal focus has shifted to the compensation rights of victims and their families. As rescue operations conclude and investigations intensify, legal mechanisms governing air crash compensations have come under public scrutiny.
At least 67 people were confirmed dead, with several others critically injured after the domestic Air India flight reportedly veered off the runway and burst into flames during an attempted emergency landing on June 15. Authorities have launched a formal probe under the Aircraft Accident Investigation Bureau (AAIB) and DGCA guidelines, but legal experts say the rights of victims are already protected under existing aviation law.
Legal Entitlement to Compensation
Victims of the crash, or their legal heirs, are entitled to compensation under both Indian law and international conventions, primarily:
1. Montreal Convention, 1999
Implemented in India through the Carriage by Air Act, 1972, this treaty provides:
• Strict liability up to 1,00,000 Special Drawing Rights (approx. ₹1.1 crore) per passenger, irrespective of fault.
• Compensation beyond this limit if negligence by the airline is proven.
2. Aircraft Act, 1934 & Aircraft Rules, 1937
These mandate safety regulations and provide a basis for administrative liability if there is a breach of statutory aviation norms.
3. Consumer Protection Act & Civil Liability (Torts)
Family members may also pursue civil damages if there is evidence of negligence or deficient service for instance, in maintenance, emergency response delays, or pilot error.
Supreme Court’s Precedents
In similar past aviation tragedies, including the Mangalore Air India crash (2010) and Kozhikode crash (2020), the Supreme Court and High Courts have directed:
• Enhanced compensation beyond treaty limits
• Time-bound disbursement
• Court-monitored relief mechanisms to prevent undue delays or litigation
“The right to compensation arises immediately when a passenger suffers injury or death due to an air crash, regardless of the completion of investigations,” observed a former SC judge, speaking on background.
Who Can Claim?
• Legal heirs of deceased passengers
• Injured survivors
• Dependents of the victims (e.g. spouses, children, elderly parents)
• Claims can also be made for loss of baggage, mental trauma, and medical treatment.
Air India, meanwhile, has announced interim ex gratia relief for affected families. However, final compensation amounts will depend on further investigation findings and legal procedures.
Ongoing Investigation
The AAIB is currently examining aircraft black box data, weather conditions, and possible pilot distress calls. Investigators are also looking into technical logs and maintenance records of the aircraft.
The outcome of this inquiry may not only determine criminal or regulatory accountability, but also influence the compensation quantum, especially if gross negligence is found.
