New Delhi, June 12: As the nation mourns the tragic Air India crash near Ahmedabad, attention is now turning to the findings of the inquiry—especially on whether any omission or negligence on the part of the airline or its staff can be established. Such a finding could significantly impact the amount of compensation granted to the victims' families.

The Carriage by Air Act, 1972, serves as the guiding statute for determining compensation in the event of injury or death during air travel. Under Rules 17 and 22 of the Act's Second Schedule, a carrier’s liability is limited to 250,000 Special Drawing Rights (SDRs), which is the equivalent of about francs 250,000, unless specific exceptions apply.

Rule 17 states: "The carrier is liable for damage sustained in the event of the death or wounding of a passenger or any other bodily injury... if the accident took place on board the aircraft or during embarking or disembarking."

However, this limited liability can be set aside if it is proven in court that the airline or its staff acted recklessly and with knowledge that such damage was likely.

Under Rule 25, the cap on compensation does not apply if it is proved that the damage resulted from an act or omission of the carrier, his servants or agents, done with intent to cause damage or recklessly and with knowledge that damage would probably result."

India is a signatory to the Warsaw Convention, 1929, and its Hague Protocol amendment, 1955, both of which are reflected in the Carriage by Air Act. These frameworks form the basis of international civil aviation liability laws.

The 1988 Ahmedabad air crash, which claimed 133 lives, led to a landmark compensation case that lasted over two decades. In 2009, the courts ruled in favour of the victims' families, setting a precedent for higher payouts where airline negligence is involved.

The outcome of the current inquiry into AI171's crash will thus be critical—not only for establishing accountability, but also in determining the final compensation due to those affected.

Source: IANS