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No partiality in compensation to fliers

The government will raise the compensation for international air passengers to and from India by ratifying the Montreal Convention, 1999.

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NEW DELHI: The Centre has decided to shut down a discriminatory system by which Indian air passengers receive lesser compensation for various lapses and mishaps than foreign travellers. The government will raise the compensation for international air passengers to and from India by ratifying the Montreal Convention, 1999.

The Union Cabinet approved the move to amend the Carriage by Air Act, 1972, which will allow ratification of the convention. The Bill to accomplish the amendment will be moved in the Budget session of Parliament. The amendment will ensure swift compensation for baggage and cargo loss, injury, or death to air travellers flying in and out of India.

Apart from bringing the compensation on a par with international norms, passengers will also be spared lengthy litigations.

The liability of airlines for injury or death of passengers or destruction and loss of or damage to baggage and cargo is governed by an international legal regime known as the Warsaw System. India has ratified two of eight instruments in the system.

The International Civil Aviation Organisation began to carry out a socio-economic study of the compensation levels in 1994, after which the Montreal Convention was adopted in 1999. The convention re-establishes the uniformity and predictability of the rules relating to the international carriage of passengers, baggage, and cargo. Non-accession to the convention by India created a situation in which passengers whose journey originated in the US or the UK were entitled to higher compensation than those whose travel originated in India.

“This went against the interests of Indians because of which the government decided to bring the amendments,” said Priya Ranjan Dasmunsi, Union information and broadcasting minister. The new law will enable Indians to file their claims in India even if the journey was undertaken outside India and the ticket purchased abroad. The rider is that the carrier ought to have a presence in India.

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