Supreme Court Urged To Take Suo Motu Cognizance, Issue Directions For Compensation & Probe
Two doctors have written a letter to the Chief Justice of India seeking a suo motu action by the Supreme Court with respect to the crash of the Air India Flight AI171 at Ahmedabad yesterday.
They urged that the Supreme Court, after taking suo motu cognizance of the incident, give directions to the Central Government to disburse compensation to the victims at the earliest. They also sought a thorough investigation to ascertain the cause of the plane crash.
Dr. Saurav Kumar and Dr. Dhruv Chauhan, in their letter, referred to the Supreme Court’s 2020 judgment in Triveni Kodkany vs Air India Ltd and others, a case dealing with the 2010 Mangalore plane crash, which laid down principles to ascertain compensation.
The following were some of the principles laid down in the judgment :
- Income Calculation: Total Cost to Company (CTC) should be considered as the annual income for compensation calculation purposes, rather than take-home salary
- Future Prospects: Addition of 30% towards future prospects for employees aged 40-50 years, with proportionate adjustments for other age groups
- Personal Expenses: Appropriate deduction for personal expenses based on the number of dependents (1/3rd for 2-3 dependents, 1/4th for more than 3 dependents)
- Multiplier Application: Application of suitable multiplier based on the age of the deceased as per established actuarial tables
- Interest Award: Award of interest at 7.5% per annum from the date of accident till actual payment
- Non-pecuniary Damages: Additional compensation for loss of consortium, pain, and suffering
Although Air India bears the primary liability, there is a need for urgent governemnt intervention given the magnitude of the disaster, they argued.
According to them, the quantum of compensation under Montreal Convention, 1999, which is approximately USD 200,000 per passenger, may not be adequate.
They sought to direct the Central Government to pay an interim compensation of Rs 50 lakhs to the families of the air crash victims, including the resident doctors at the BJ Medical College, where the plane fell down.
The further directions sought are :
- Direct the Central Government to constitute a High-Level Expert Committee comprising retired Supreme Court/High Court judges, aviation experts, actuaries, and economists to assess and award final compensation to the families of victims, taking into consideration the principles laid down in Triveni Kodkany vs Air India Limited and other relevant precedents;
- Direct Air India Limited to expedite the settlement of compensation claims without requiring families to undergo prolonged litigation;
- Direct the Central Government to provide additional rehabilitation support including employment opportunities to eligible family members of the deceased.
- Direct the concerned authorities to conduct a thorough investigation into the cause of the crash and take appropriate action to prevent such tragedies in future
