India becomes member of Montreal Convention

The convention imposes a minimum liability of nearly $65,000,nearly Rs 33 lakh,for the death of a passenger during a flight,unless the airline proves that such damage was due not to the negligence or other wrongful act or omission by the carrier. To avoid additional damages,the airline will also have to prove that the damage was solely due to the negligence or other wrongful act of a third party,the passengers or of the person claiming the compensation. Currently in the case of the death of a passenger,the Indian airlines operating to international destinations provide Rs 7.5 lakh as compensation.

“The carrier is also liable for damage occasioned by the delay in the carriage of passengers,baggage or cargo,” said the statement issued by the civil aviation ministry. In the case of death or injury to passengers,the carrier shall make advance payments without delay,the statement said,adding that action for damage must be brought within two years.

The Montreal Convention is the first major revision of the provisions related to the death,injury of air passengers,or loss or damage to cargo or baggage since the pact agreed at the Warsaw Convention in 1929.