How much compensation can injured Delhi-Phuket Air India passengers get? ₹1.8 crore? It all hinges on ‘accident’ or ‘serious incident’ classification

Injured passengers are entitled to compensation of up to Rs 1.8 crore each under the International Civil Aviation Organization (ICAO) Annex 13, says Amit Singh, aviation safety expert and founder of the Safety Matters Foundation.

The Ministry of Civil Aviation has said the incident is being investigated by the Aircraft Accident Investigation Bureau (AAIB). The aviation investigative agency will categorise it as either a serious incident or an accident, a classification that also affects compensation and future safety measures.

“This was an accident, not a serious incident. ICAO Annex 13 is clear: one seriously injured person makes it an accident. Hospitalisation over 48 hours, any bone fracture, a laceration with severe bleeding — anyone meets the test,” he says.

Don't Miss: License suspension, more random tests: Tougher dope-test rules on cards after Air India pilot tests positive

According to reports, two of the injured passengers are still undergoing treatment in hospital, while many suffered fractures and head injuries.

He says India has already set a precedent, with the AAIB applying that test in an earlier case. “Vistara UK775, Mumbai–Kolkata, 7 June 2021: severe turbulence in descent, serious injuries, nobody died. AAIB classified it an accident. Vistara is now Air India,” he said.

Under the Montreal Convention, every injured passenger has a right to compensation.

“Strict liability — no need to prove airline fault — about Rs 1.8 crore per passenger. Above that there is no cap unless Air India proves it was not negligent. Two years to claim. Get your hospital records now,” he posted on his social media handle.