Replying to questions raised by members during the debate on the Carriage by Air (Amendment) Bill 2008 which will facilitate higher compensation and guard Indian passengers against discrimination, Civil Aviation Minister Praful Patel said the government would issue notification regarding this soon. Separate guidelines would have to be passed in this regard, he said and remarked: “domestic passengers won’t be worse off”.

Flexible claims

The minister said the passengers can claim compensation in India for the loss which may have happened in some other country. He also assured that there would be a level playing field between the domestic and international passengers on the issue of compensation, be it for accidents, baggage lost etc.

He, however, noted that compensation by an airline cannot be possible if the accident/death happens when a passenger was in an airport/terminal building and not in the aircraft.

Montreal Protocol

With the passing of the Bill, India has joined the band of 86 countries which are signatories to Montreal Protocol.

About 25 of these countries have direct air links with India, including routes having high traffic density such as the UK, the US, Gulf, Japan and other parts of Europe.

“In such a situation, non-accession of the Convention by India may give rise to a situation involving serious discrimination between passengers of the same flight with regard to compensation,” he added.

The Convention seeks to increase the compensation levels for international passengers in the event of death or body injury and damage and delay to the passenger baggage and cargo. The compensation for damage to cargo is fixed at 24 dollars per kg.