In June 2025, the news of Air India Flight AI171 crashing near Ahmedabad hit my family hard, as we anxiously awaited updates about a cousin on board. The uncertainty around compensation and legal steps added to our distress. This guide explains what families of victims can expect in compensation after an Air India crash, covering Montreal Convention mandates, potential for higher payouts, and what to do if airlines resist payment.
Table of Contents
- Montreal Convention Compensation
- Can Families Get More Than ₹7 Crore?
- What If the Airline Refuses to Pay?
- Role of Travel Insurance
- Legal Steps for Families
- Conclusion: Securing Fair Compensation
- Frequently Asked Questions
Montreal Convention Compensation
Under the Montreal Convention (1999), to which India is a signatory, airlines are liable for up to 128,821 Special Drawing Rights (SDRs) per passenger for death or injury on international flights, regardless of fault. For the Air India Flight AI171 crash in Ahmedabad on June 12, 2025, this translates to approximately ₹1.55 crore per passenger at current exchange rates (1 SDR ≈ ₹120). The Tata Group, Air India’s owner, announced ₹1 crore per victim, falling short of the mandatory ₹1.55 crore. Additionally, airlines must provide advance payments of at least 16,000 SDRs (≈₹18 lakh) per passenger for immediate needs like funeral costs.
Can Families Get More Than ₹7 Crore?
While the Montreal Convention sets a baseline, families can pursue higher compensation if airline negligence is proven. For instance, in the 2010 Mangaluru Air India Express crash, the Supreme Court awarded ₹7.64 crore to a victim’s family, factoring in the deceased’s Dubai-based income. In modern economies like North America, Western Europe, or Japan, payouts range from $2.4 million to $4.1 million (≈₹20–34 crore) per passenger, based on factors like age, income, and dependents. For AI171, with 169 Indian, 53 British, 7 Portuguese, and 1 Canadian passenger, families may seek similar amounts in international courts if negligence is established.
What If the Airline Refuses to Pay?
If an airline, like Air India, refuses or delays payment, families should avoid direct negotiations. The Montreal Convention mandates compensation, but airlines may offer less (e.g., Tata’s ₹1 crore vs. ₹1.55 crore). Legal action through consumer courts, civil lawsuits, or international jurisdictions can enforce compliance. The Indian Ministry of Civil Aviation oversees compliance, and families can file under the Consumer Protection Act, 2019, for “deficiency in service.” Hiring an aviation lawyer is critical to counter airline tactics and meet the two-year statute of limitations.
Role of Travel Insurance
Travel insurance can supplement airline compensation. Standard policies cover lost baggage, trip delays, or medical emergencies, while specialized flight accident policies offer accidental death benefits (₹25 lakh–₹1 crore) and may include emergency evacuation or repatriation of remains. Group plans from tour operators or employer-sponsored policies may also apply. Families should retain policy documents and verify coverage, as exclusions like natural death apply.
Legal Steps for Families
Families should take these steps to secure compensation:
- Document Everything: Keep records of all airline communications and expenses (e.g., funeral costs).
- Hire an Aviation Lawyer: Law Firms can navigate complex claims under the Montreal Convention.
- File Within Two Years: The Montreal Convention’s statute of limitations requires action within two years of the crash.
- Explore Jurisdictions: Claims can be filed in the passenger’s residence, airline’s headquarters (India), or crash location (Ahmedabad).
Conclusion: Securing Fair Compensation
The Air India Flight AI171 crash is a tragic reminder of the importance of understanding compensation rights. Families are entitled to at least ₹1.55 crore under the Montreal Convention, with potential for higher payouts if negligence is proven. Travel insurance and legal action can further support claims. By hiring an aviation lawyer and acting within the two-year limit, families can secure fair compensation while focusing on healing.
Frequently Asked Questions
What compensation can families expect from the Air India crash?
Families are entitled to at least ₹1.55 crore per passenger under the Montreal Convention, with advance payments of ₹18 lakh for immediate needs.
Can families get more than ₹7 crore for Air India crash victims?
Yes, if negligence is proven, payouts could reach ₹20–34 crore, as seen in modern economies, based on the deceased’s income and dependents.
What happens if Air India refuses to pay compensation?
Families can sue in consumer or civil courts under the Consumer Protection Act, 2019, or international jurisdictions, with an aviation lawyer’s help.
Does travel insurance cover Air India crash victims?
Specialized flight accident policies cover accidental death (₹25 lakh–₹1 crore), while standard policies cover delays or medical emergencies.
How long do families have to file a claim?
The Montreal Convention sets a two-year statute of limitations from the crash date (e.g., June 12, 2027, for AI171).
Why hire an aviation lawyer for an Air India crash claim?
An aviation lawyer ensures fair compensation, navigates complex laws, and counters airline tactics to minimize liability.
Explore these resources for more information on airline crash compensation:
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