Air India Crashes and Compensation: A Jurisprudential Review of Domestic and International Legal Regimes

  • Amit Nagar and Rashi Vig
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  • Amit Nagar

    Assistant Professor & Program Chair at Asian Law College, affiliated to CCS University, Noida, India

  • Rashi Vig

    Assistant Professor at Asian Law College, affiliated to CCS University, Noida, India

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Abstract

The landscape of aviation liability and victim compensation in India is characterized by a complex interplay of international conventions and domestic legal frameworks. This article provides a jurisprudential review, analyzing the evolution from limited carrier liability to a system emphasizing strict and potentially unlimited accountability, largely driven by the Montreal Convention of 1999 and its integration into Indian law. Recent Air India tragedies, such as the Ahmedabad Flight 171 crash in 2025, have brought renewed scrutiny to compensation mechanisms, highlighting both the significant financial implications for airlines and their insurers and the persistent challenges faced by victims' families in securing equitable redress. Judicial precedents in India have played a pivotal role in enhancing compensation standards, often pushing payouts beyond initial airline offers. Despite these advancements, complexities arising from multi-jurisdictional claims, the arduous process of proving negligence, and disparities in compensation for different victim categories underscore the continuous need for refinement in legal and regulatory frameworks to ensure timely and just compensation.

Keywords

  • Air India
  • Aviation Accidents
  • Compensation
  • Airline Liability
  • Montreal Convention
  • Carriage by Air Act
  • 1972
  • Indian Law
  • International Law
  • Jurisprudence
  • Strict Liability
  • Judicial Precedents

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 8, Issue 3, Page 4630 - 4651

DOI: https://doij.org/10.10000/IJLMH.1110392

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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