Latest news with #WarsawConvention
Hans India
2 days ago
- Hans India
Compensation may increase if any omission on part of Air India staff is established
New Delhi: Amid the nationwide mourning over the deaths in the Ahmedabad air crash, all eyes will be on the findings of the inquiry, as any "omission" on the part of the airline may have huge implications on the subsequent award of compensation. The Carriage by Air Act 1972 is the guiding statute on the compensation that the victims and their kin get in the event of injury or death, and the final relief amount would be higher than the limited liability of the carrier if any "omission" on its part is proved. A clause related to limited liability of an airline stipulates a maximum amount (francs 2,50,000) that the carrier is supposed to pay to a victim under Rules 17 and 22 of the Second Schedule to the Carriage by Air Act 1972. Rule 17 of the Act says, "The carrier is liable for damage sustained in the event of the death or wounding of a passenger or any other bodily injury suffered by a passenger, if the accident which caused the damage so sustained took place on board the aircraft or in the course of any of the operations of embarking or disembarking." However, the maximum amount of compensation allowed under Rule 17 is rendered inapplicable if the victim or his kin manage to prove, in court, recklessness on the part of the airline or its employees. The compensation amount can be higher than the stipulated limited liability amount if it is proved that the damage resulted from an act or omission of the airline done recklessly and with knowledge that damage would probably result, to render the limit of liability inapplicable. Rule 25 of the Second Schedule to the Carriage by Air Act, 1972, says, "The limits of liability specified in Rule 22 shall 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; provided that, in the case of such act or omission of a servant or agent, it is also proved that he was acting within the scope of his employment." India is a signatory to the Warsaw Convention 1929, and the Warsaw Convention as amended by the Hague Protocol 1955, which forms the foundation of an international legal regime governing the liability of air carriers for injury or death of passengers. The two were given effect by the Carriage by Air Act 1972. In the 1988 air crash at Ahmedabad that killed 133 people, the family members of the deceased were involved in a protracted legal battle for higher compensation that ended in their favour in 2009, after a wait of over two decades.
Yahoo
20-02-2025
- Business
- Yahoo
Delta offers $30,000 to passengers onboard the flight that crashed in Toronto
Delta Air Lines (DAL) said it would pay passengers onboard the Minneapolis-to-Toronto flight that crash-landed $30,000 a piece, with no strings attached. A company spokesperson confirmed the payment offer to Yahoo Finance. The number of passengers who took up Delta on the offer is currently unknown. As of Thursday morning, all 21 passengers who were taken to the hospital following the Feb. 17 crash of Delta Flight 4819 have now been discharged, per Delta's website. None of the 76 passengers on the plane were killed in the crash. The payment offer to passengers — which would amount to $2.3 million if all passengers take the deal — does not preclude passengers from bringing lawsuits against Delta for the incident. The Delta offer is pursuant to international treaties (the Warsaw Convention and Montreal Convention) governing flights and incidents concerning injuries and deaths to passengers since this fight originated in the US and was bound for Canada. As noted by the New York Times, airlines are required to make advance payments to customers 'to meet the immediate economic needs' of the passengers. In the event of injury or death, passengers must be paid at least 16,000 Special Drawing Rights (equivalent to $20,000), which is an advance against the carrier's ultimate liability, per Delta's website. The treaties state that carriers are not able to limit liability where damages do not exceed 151,880 Special Drawing Rights, or slightly under $200,000. Delta CEO Ed Bastian confirmed in an interview with CBS News that the crew of the Endeavor-operated flight (a wholly owned subsidiary of Delta) was an 'experienced crew' that performed 'heroically' during the incident. As of Thursday morning, investigators have not revealed any new information on what may have caused the CRJ-900 jet's crash. Video captured appears to show the plane landing hard on the snow-covered runway, which then led to the jet bouncing and flipping over, coming to a halt with its belly up. The Transportation Safety Board of Canada is leading the investigation of the crash, and the National Transportation Safety Board (NTSB) is assisting. Pras Subramanian is a reporter for Yahoo Finance. You can follow him on Twitter and on Instagram. Sign in to access your portfolio
