11 September 2023 – The Carriage By Air Act, drafted in line with the Montreal Convention, stipulates, “The airline is liable for damage sustained by a passenger if the accident causing the damage occurred on board the aircraft or during embarking or disembarking operations.” This Act, a multilateral treaty, addresses compensation for air disaster victims. According to the Ministry of Civil Aviation’s air passenger charter, airlines are liable to pay damages up to 113,100 Special Drawing Rights (SDR) for passenger death or injury on board. Currently, 1 SDR is equivalent to approximately Rs. 111.
The families of the victims sent legal notices to IndiGo Airlines, accusing the airline of negligence. The notices demand compensation within 14 days, citing the airline’s failure to ensure passenger safety during layovers. Advocate Arjun Amanchi, representing the families, stated, “The passengers’ safety was solely the airline’s responsibility as they were in the process of embarkation and disembarkation. The airline must compensate the families legally, morally, and ethically.”
IndiGo responded with a press statement expressing condolences and emphasizing their defined process for selecting hotels. The airline stated, “Our contracts ensure service providers comply with applicable laws and regulations. The matter is under investigation, and we await further details. We are providing support to the families during this difficult time.”
Aviation and legal experts supported the families’ claims for compensation. Former pilot and aviation expert Vipul Saxena noted, “Airlines are responsible for ensuring that transit hotels are fully fire and safety compliant.” Advocate Aditya Pratap added, “Cost-cutting by accommodating passengers in low-cost hotels instead of crew-standard hotels compromises safety.”
Brihanmumbai Municipal Corporation (BMC) officials disclosed that the hotel lacked a fire-compliance certificate during a November 2022 inspection. Despite receiving a notice, the hotel did not respond, prompting the civic body to approach the court. Following the August 27 fire, the BMC cut the hotel’s electricity and water supply. According to fire officials, the flames erupted from the air-conditioning duct, spreading through electrical ducts, wiring, and cables. The fire resulted in two injuries and two fatalities, with victims staying in rooms 204 and 304.
Investigations are ongoing, with a detailed report from the fire brigade expected within days. The BMC will decide on further action based on the findings.
About the Author
Aditya Pratap is a practicing lawyer and founder of Aditya Pratap Law Offices based in Mumbai. An alumnus of NALSAR University of Law, Hyderabad, he has over 11 years of experience and has handled numerous cases of public and private significance. For more insights, you can visit his website: adityapratp.in. Watch him in TV interviews.