Air Carrier’s Contractual Liability: International and Indian Legal Perspective

  • Mimansa Pareek
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  • Mimansa Pareek

    Student at Reva University, Bangalore, India

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In the aviation industry a massive development has been seen in over past decades globally and also there has been increase in commercial air transportation of passengers and cargo. Further, along with this development a hike in the incidents of death, injury on board and also delay of air carriers has been observed. Earlier, the air carriers had a very limited liability in cases of death and injury and the passengers had to suffer loss and there was no prescribed compensation for accidents on board such as death, injury, delay etc. and also the interest of victims was overlooked by the airlines and for the same purpose a uniform liability regime was required. The Warsaw Convention, 1929 was the first attempt made towards creating liability on part of air carrier in cases of accidents on board and also brought in the concept of “Contractual Liability”. There have been various other Protocols and Conventions which have contributed to the growth of contractual liability regime keeping in view the interest of passengers and also of the airlines. Moreover, along with liabilities there are certain rights and protections well entrusted to airlines, because imposing heavy liabilities could have been a hindrance in growth of aviation industry and we would not have boom in industry as we witness it in present era. In this research paper, the author will deliberate upon aspects of contractual liability regime, evolution of International contractual liability regime, International Conventions, Protocols and provisions in respect to determination of liability and payment of compensation by airline in cases of death, injury, delay etc. Further, the author will elucidate upon the application of international contractual liability regime including its application in domestic sector with specific locus on India with the assistance of recent judicial trends and precedents from the courts around the world and India in respect to aviation accidents.


Research Paper


International Journal of Law Management and Humanities, Volume 6, Issue 2, Page 795 - 804


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