New Delhi, Mar 12: A Bill providing for enhanced compensation to air travellers in case of death, injury, lost baggage or even inordinate delay in flights, was passed by Parliament on Friday.
The Carriage by Air (Amendment) Bill was passed in Lok Sabha on December 2015 and by the Rajya Sabha, with certain amendments, on March 2. The Bill, along with the amendments, came back to the Lower House on Friday and was adopted by a voice vote.
Once it gets the nod of the President and becomes an Act, the law would require Indian carriers to pay compensation amount that is equivalent to the rates paid by their global counterparts.
It would allow the government to revise the liability limits of airlines in line with the Montreal Convention, which was acceded to by India in May 2009.
Among others, the compensation for death in an air accident and the amount would be calculated on the basis of SDR (Special Drawing Rights). The Bill intends to raise the liability limit for damage in case of death or bodily injury for each person from 1,00,000 SDR to 1,13,100 SDR.
The currency value of the SDR is based on market exchange rates of a basket of major currencies — US dollar, euro, Japanese yen and pound sterling.
According to the Bill, the liability for delay in carriage for each person was proposed to be raised from 4,150 SDR to 4,694 SDR, while the liability in case of destruction, loss, damage or delay of baggage is proposed to be raised from 1,000 SDR to 1,131 SDR.
The liability in case of destruction, loss or delay in relation to the carriage of cargo has been raised from 17 SDR to 19 SDR.
The liability limits are revised once every five years by the International Civil Aviation Organisation (ICAO) on the basis of a determined inflation factor of 13.1 percent, triggering an adjustment in the limits.
Comments
In INDIA it was accepted long back in parliament there was TWO leading MP form MANGALORE was in the panel. Unfortunately they never came to support dirty air INDIA crash victims family. Their appointed commercial mind law firm also not ready to follow MONTREAL CONVENTION or they abide. Most of the compensation they settled in a LOW GRADE policy.
The cause was proven 100% fault by air INDIA and even based on few sound proof which dirty air INDIA management and aviation authority jointly kept under the carpet. From that ONE main evidence raised arguments and fight between on board Pilot and Co-pilot.
Now ONE case seems in supreme court for interpretation of article 13. Subject to supreme courts judgement it will be implemented all over the word. And it is a right step taken by the MANGALORE crash victims association on humanitarian ground.
Hope they will succeed in their rights and take step. Let we all to pray for their success.
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