Passengers aboard a recent Air India flight from Delhi to Phuket who sustained injuries may be entitled to significant compensation, potentially reaching ₹1.8 crore per individual. The exact payout is contingent on the official classification of the incident by India's Aircraft Accident Investigation Bureau (AAIB) as either an 'accident' or a 'serious incident'.
AAIB Investigation Underway
The Ministry of Civil Aviation has confirmed that the AAIB is actively investigating the event. Reports indicate that at least two injured passengers remain hospitalized, with many others suffering fractures and head injuries. The AAIB's classification is crucial not only for determining compensation but also for implementing future safety enhancements.
Defining 'Accident' vs. 'Serious Incident'
According to Amit Singh, an aviation safety expert and founder of the Safety Matters Foundation, the International Civil Aviation Organization (ICAO) Annex 13 provides clear guidelines. Singh asserts that the event qualifies as an 'accident' if even one person is seriously injured. Criteria for a serious injury include hospitalization for over 48 hours, any bone fracture, or lacerations with severe bleeding.
Singh pointed to a precedent set by the AAIB in 2021: the Vistara UK775 Mumbai–Kolkata flight, which experienced severe turbulence, resulted in serious injuries but no fatalities, and was subsequently classified as an accident. Given that Vistara is now part of Air India, this earlier ruling could influence the current case.
Compensation Under the Montreal Convention
Under the Montreal Convention, all injured passengers have a right to compensation. This convention operates on a principle of strict liability, meaning passengers do not need to prove airline fault to claim up to approximately ₹1.8 crore. For claims exceeding this amount, Air India would need to demonstrate that it was not negligent. Passengers typically have two years from the date of the incident to file a claim and are advised to secure all hospital records.