Ahmedabad: It was supposed to be a routine journey—Flight AI 171 from Ahmedabad to London. But within minutes of take-off, the Air India Boeing 787 Dreamliner faces tragedy and plummeted from the sky, transforming into a fireball of destruction. The crash tore through the B.J. Medical College hostel mess, reducing steel and concrete to ash and claiming the lives of over 260 souls. Among them: international passengers, young medical students, and civilians on the ground. With a projected liability exceeding ₹1,000 crore, India now faces its most monumental aviation catastrophe—legally, morally, and institutionally.
In moments like these, law becomes the scaffolding for justice. The Montreal Convention of 1999 governs international carriage by air, binding India since 2009 through the Carriage by Air (Amendment) Act. Under Article 1(2), the journey between Ahmedabad and London qualifies as ‘international carriage’. This international legal instrument determinaes carrier liability, compensation limits, and jurisdiction rules in the wake of such tragedies.
Before Montreal, the legal framework for air travel was a confusing mesh of outdated treaties. The 1999 Convention modernized everything—raising compensation, clarifying liability, and ensuring victims’ families aren’t trapped in red tape. It introduced two powerful pillars: strict liability up to 100,000 SDRs, and unlimited compensation if fault is proven. In essence, it brought fairness to a world too often rocked by tragedy.
The Legal Anatomy of the Tragedy
Article 17(1): Air India is strictly liable for every passenger death onboard.
Article 21(1): The first 100,000 SDRs (~₹1.10 crore) per passenger is payable without proof of fault.
- Article 21(2): Above this amount, unlimited damages can be claimed—unless Air India proves it was blameless.
Air India’s reported offer of ₹1 crore per victim is a starting point—not a ceiling. If not a full-and-final settlement, families retain the right to sue for higher damages including lost income, future care, and mental agony.
Deaths on the Ground: Beyond Montreal
The Montreal Convention protects those onboard. But what about the young students incinerated in the hostel? Or the families whose homes were reduced to rubble?
The Montreal Convention, 1999 is indispensable for swift, uniform, and fair passenger compensation, but ground victims still depend on India’s courts. The Dreamliner catastrophe thus highlights both the strengths and the residual gaps of global aviation-liability architecture.
India’s judiciary now shoulders a twofold task:
- Uphold international treaty obligations for passengers, and
- Deliver holistic justice to students, residents, and businesses devastated on the ground.
If handled efficiently, the proceedings can set a global benchmark for victim-centric aviation-disaster jurisprudence.
The Aircraft Itself: Hull Loss Insurance
The aircraft—valued at over ₹1,400 crore—is a total loss. This is covered under Air India’s aviation ‘hull loss’ policy. The payout goes to the airline or aircraft owner. It does not affect what victims’ families can claim in court.
Where Justice Can Be Sought
Under Article 33 of the Montreal Convention, families can file suit in:
• Ahmedabad (departure point),
• London (destination),
• Delhi/Mumbai (Air India HQ), or
• The deceased’s home city (e.g., Nagpur).
But time is ticking. Article 35 imposes a strict two-year deadline for all claims.
A Moment for the Judiciary—and the Nation
India’s courts now face a defining moment. Can they uphold international commitments while delivering swift, sensitive justice at home ? Will grieving families receive more than condolence—will they receive closure?
Montreal Convention sets a framework, real justice often requires navigating national courts, aviation insurers, and international norms simultaneously. The Air India Dreamliner crash may soon join this grim roster of landmark aviation litigation.
The Montreal Convention is not just law. It is a promise: that in the aftermath of catastrophe, no victim shall go unheard. This tragedy is a test of that promise.
Let justice take flight.
Adv. Ashish R. Fule,
High Court, Bombay (Nagpur Bench)
MOB 9960560233
Air India response: June 12, 14:28 hours: Flight AI171, operating Ahmedabad-London Gatwick, was involved in an incident today, 12 June 2025. At this moment, we are ascertaining the details and will share further updates at the earliest.
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Image source: NDTV
