KOZHIKODE: Fifteen years after the tragic Mangaluru air disaster, families of the victims continue to wage an uphill legal battle demanding rightful compensation as mandated under the Montreal Convention.
Despite initial assurances of Rs 75 lakh per deceased passenger, many kin allege they have received only a fraction of the legally entitled amount, forcing them to seek justice through the judiciary.
The 2010 crash of Air India Express Flight IX-812, a Boeing 737-800 arriving from Dubai, remains one of India’s deadliest air disasters. The aircraft overshot the table-top runway at Mangaluru International Airport and plunged into a gorge, killing 158 of the 166 passengers and crew on board.
Krishnan, one of the bereaved family members and a petitioner in a case before the Kerala High Court, expressed anguish over the meagre payouts.
“We lost everything that day including our loved ones, our savings, and our future. Yet the compensation offered is a mere token. It’s an insult to our loss,” he said.
Alongside him, Mayankutty and dozens of others have also filed legal petitions contesting the compensation process.
According to Narayanan Killingom, president of Mangaluru Air Crash Victims’ Families Association, the airline has yet to disburse the full statutory or “no-fault” liability amount under the Montreal Convention.
“My brother Gangadharan worked as a truck driver in Dubai. His death devastated our family. We were promised `75 lakh, but later negotiations reduced that. For the families of the deceased, these negotiations should never have applied,” Narayanan said. He confirmed that 42 families remain in legal pursuit of the balance compensation.
Compensation discrepancies and legal loopholes
Under the Montreal Convention of 1999 ratified by India and incorporated into Indian law via the Carriage by Air (Amendment) Act, 2009, victims’ next of kin are automatically entitled to up to 100,000 Special Drawing Rights, an international currency basket defined by the IMF, amounting to roughly Rs 1.52 crore at present exchange rates.
This automatic entitlement is classified as “strict liability,” requiring no proof of fault on the airline’s part. Beyond this limit, families can claim additional damages if they can demonstrate negligence or fault by the carrier. However, the onus of disproving fault lies with the airline.
In many cases, the airlines have resisted higher payouts by settling quickly and quietly with economically weaker families, offering them reduced compensation in exchange for signing waivers.
In some cases, families were pressured into accepting `30-40 lakh as full and final settlements. A few families managed to negotiate higher amounts, reportedly up to `3 crore. In a stark contrast, it is believed the pilot’s family received over `8 crore from the insurers.
Legal complexities and delays
The legal proceedings surrounding the compensation have been prolonged and complicated. One of the key cases still under review by the Supreme Court involves the kin of Mohammed Salam, a native of Kasaragod, who died in the crash. The lawsuit seeks second-tier compensation, citing negligence and procedural lapses by the airline and its crew.
A legal expert on air safety cases explained, “Article 17(1) of the Montreal Convention clearly holds the carrier liable for death or injury. The law allows for unlimited liability if negligence is established. However, final compensation depends on multiple factors, including employment status, income level, age, marital status, dependents, and more.”
Many families had initially accepted `10 lakh as interim compensation under Section 28 of Schedule III of the Carriage by Air Act. But this amount is deducted from the final settlement, often leaving families with little recourse once they’ve unknowingly agreed to low-ball offers.
Deadly disaster
The 2010 crash of Air India Express Flight IX-812, a Boeing 737-800 arriving from Dubai, remains one of India’s deadliest air disasters
The aircraft overshot the table-top runway at Mangaluru International Airport and plunged into a gorge
158 of the 166 passengers and crew on board the aircraft were killed