Ahmedabad Air India Crash: Exploring Legal Options for Victims and Families
The devastating Air India Flight AI171 crash near Ahmedabad on June 12, 2025, claimed over 260 lives, leaving families in deep grief and uncertainty. In the wake of this tragedy, it’s crucial for victims and their families to understand their legal rights and the options available to pursue fair compensation. This article explores the legal landscape surrounding the Ahmedabad Air India crash, providing guidance on navigating the complex claims process and securing the justice and support that affected families deserve.
Understanding Your Legal Entitlements
Following an aviation disaster, victims and their families are entitled to compensation under various legal frameworks, including international treaties, Indian aviation law, and consumer protection statutes. The specific entitlements and compensation amounts can vary depending on several factors, such as the flight’s international status, the victim’s nationality, and the extent of the airline’s negligence.
The Montreal Convention
The Montreal Convention of 1999 is a crucial international treaty that governs airline liability in cases of death or injury during international air travel. India ratified this convention in 2009 through the Carriage by Air (Amendment) Act, making it applicable to the Air India Flight AI171 crash, as it was an international flight from Ahmedabad to London.
Under the Montreal Convention, airlines are strictly liable for damages up to a certain limit, regardless of fault. This means that families can claim a base amount of compensation without needing to prove negligence on the part of the airline. As of June 2025, the limit of liability under Article 21 of the Montreal Convention was significantly increased after a periodic review. Claimants are entitled to compensation as per the Special Drawing Rights (SDR) limit. If the amount of the claim exceeds the maximum limit, they must prove that it was the carrier’s fault or negligence.
Compensation Amounts Under the Montreal Convention
The Montreal Convention uses Special Drawing Rights (SDRs) to determine compensation limits. The SDR is an international reserve asset created by the International Monetary Fund (IMF) to supplement its member countries’ official reserves. The value of one SDR is based on a basket of major world currencies and fluctuates daily.
As of June 2025, the minimum liability for death or injury under the Montreal Convention was approximately ₹1.5 to ₹1.85 crore (Indian Rupees) per passenger. This amount is subject to change based on the daily exchange rate between the SDR and the Indian Rupee.
Claims Beyond the SDR Cap
While the Montreal Convention provides a baseline for compensation, families can claim amounts exceeding the SDR cap if they can prove that the airline was at fault. This could involve demonstrating negligence, such as maintenance failures, operational errors, or training deficiencies, that contributed to the crash. Proving negligence can be a complex and challenging process, often requiring extensive investigation and expert testimony.
Additional Legal Avenues in India
In addition to the Montreal Convention, victims’ families in India may also file claims under the Consumer Protection Act, 2019. This act allows individuals to seek damages through consumer forums, particularly if service deficiencies, such as pilot error, mechanical failure, or poor maintenance, are suspected.
Furthermore, families can pursue claims under the Fatal Accidents Act, 1855, which permits claims for pecuniary loss suffered by dependents, and the Indian Contract Act, 1872, which applies in contractual breaches connected to ticketing and passenger obligations.
Navigating the Claims Process
The legal process following an aviation disaster can be overwhelming, especially while grieving the loss of a loved one. Here are some key steps to take when pursuing a claim:
- Seek Legal Counsel: Consult with an experienced aviation accident lawyer who can advise you on your rights and options, guide you through the claims process, and represent you in negotiations or litigation.
- Gather Evidence: Collect all relevant documents, including the victim’s ticket, boarding pass, and any other records related to the flight. Also, gather any evidence related to the cause of the crash, such as news reports, investigation findings, and expert opinions.
- File a Claim: File a formal claim with the airline and its insurers, outlining the damages you are seeking. Be sure to comply with all deadlines and requirements.
- Negotiate a Settlement: Work with your attorney to negotiate a fair settlement with the airline and its insurers. Be prepared to provide evidence to support your claim and to negotiate aggressively to protect your rights.
- Consider Litigation: If a fair settlement cannot be reached, consider filing a lawsuit to pursue your claim in court. Litigation can be a lengthy and complex process, but it may be necessary to secure the compensation you deserve.
The Role of Ex Gratia Payments and Interim Compensation
In the aftermath of the Ahmedabad Air India crash, the Tata Group, the parent company of Air India, announced an interim ex gratia compensation of ₹1 crore (Indian Rupees) for the families of those who lost their lives. Air India also announced that it would provide an interim compensation of ₹25 lakh to each of the deceased’s families.
These payments are intended to provide immediate financial assistance to the grieving families for funeral expenses, temporary financial support, and related costs. However, it’s important to understand that these ex gratia payments do not satisfy or extinguish the airline’s statutory obligation to compensate families under the Montreal Convention and other applicable laws.
Families should be aware that accepting an ex gratia payment does not prevent them from pursuing their full legal entitlements. However, it’s crucial to consult with an attorney before accepting any payment to ensure that your rights are fully protected.
Lawsuits Against Boeing and Honeywell
In some aviation disasters, victims’ families may have grounds to file lawsuits against aircraft manufacturers or component suppliers, alleging negligence or product defects that contributed to the crash. In the case of the Ahmedabad Air India crash, families of some passengers have filed lawsuits against Boeing and Honeywell, alleging that a faulty fuel cutoff switch caused the tragedy.
These lawsuits claim that Boeing, which installed the switch, and Honeywell, which manufactured it, were aware of the risk of accidental disengagement of the locking mechanism on the fuel cutoff switch, potentially leading to a loss of fuel supply and thrust.
Pursuing a lawsuit against an aircraft manufacturer or component supplier can be a complex and challenging undertaking, requiring extensive technical expertise and resources. However, it may be a viable option for families seeking to hold all responsible parties accountable for their losses.
Seeking Justice and Closure
The Ahmedabad Air India crash was a tragic event that has had a profound impact on the lives of victims and their families. While no amount of money can ever replace a lost loved one, pursuing legal options can help families secure the financial resources they need to rebuild their lives and to hold those responsible for the crash accountable.
If you or a loved one has been affected by the Ahmedabad Air India crash, it’s essential to understand your legal rights and options. By seeking legal counsel and taking appropriate action, you can navigate the complex claims process and pursue the justice and support that you deserve.