- 7/4/2025
India Today has accessed Air India's compensation forms for families of victims in the Ahmedabad plane crash. The forms seek information about the victim's employment status and financial dependency of family members on the deceased. Some families, represented by a UK-based law firm, allege coercion in submitting these financial disclosures.
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00:00But our top focus is an India Today exclusive, the controversy surrounding the Ahmedabad air crash compensation.
00:09India Today has accessed Air India's compensation forms for families of victims.
00:15The forms ask about the victims' employment status and their financial dependency of family members on the deceased.
00:23The families are raising questions about the fairness of this practice, even claiming that they are being coerced to sign the forms.
00:31Air India has denied the charges, claiming all compensation will be done as per established procedure.
00:38In a moment, we'll have more on that story.
00:40But first, take a look at just why the compensation claims for Air India 171 are generating this controversy.
00:53A tragedy that claimed at least 270 lives, and one that continues to haunt their loved ones, even now.
01:08Families of Ahmedabad plane crash victims have alleged that they war-pressurized to make financial disclosures.
01:15India Today has accessed the questionnaire sent by Air India to families of the Ahmedabad plane crash victims.
01:25The questionnaire sought information such as, was the deceased passenger employed?
01:31What was their occupation?
01:33Families were also asked to provide employer details of the deceased, like phone number and address.
01:39It also sought details of how many family members were financially dependent on the deceased.
01:47The form also mentioned that the final amount of the compensation would be dependent on the information shared by the families.
01:56The questions that are being asked, they're not explaining what the terms mean.
02:00You know, these are legally charged terms.
02:02Things like dependency is a legally charged term.
02:04It doesn't just mean, was somebody paying you money at the time of their death?
02:07I would expect that that range could be from a few hundred thousand pounds up to several million, maybe five million pounds under English law.
02:17The controversy erupted after a UK-based law firm, which is representing over 40 families,
02:24alleged that the airline had been coercing families into submitting financial disclosures.
02:31Air India, meanwhile, has denied the charges.
02:33It called the charges unsubstantiated and inaccurate.
02:37The Tata-owned airline also said that it had already paid interim relief to 47 families and that there was support staff deployed to assist families.
02:47In an exclusive conversation with India today, Peter Neenan, the lawyer from London who is representing these families,
02:56has called these actions of Air India outrageous, saying that Air India is trying to create hurdles for the families to get their compensation.
03:05Air India remains defiant, but it remains to be seen what happens in the coming days,
03:09once lawsuits are filed by these family members seeking enhanced compensation from Air India and also possibly Boeing.
03:17In New Delhi, this is Nalini Sharma for India Today.
03:19So how should we view this entire Air India compensation tangle?
03:26Joining me now, Jitendra Bhargava is former executive director at Air India.
03:31I'm joined by Sanjay Hegde, senior advocate at the Supreme Court.
03:34Also, Tushar Kumar is advocate Supreme Court.
03:37But first, I want to turn to Nalini Sharma, a legal airfare editor, who has broken that story.
03:43Nalini, what exactly have you learned from speaking to various people, including the British lawyers who are handling some of these cases?
03:52What is their principal argument?
03:56Well, Rajdeep, what they are saying, and first of all, they've said that they're advising over 40 families who've been impacted by this air crash.
04:03And what they're saying is that a lot of these families have told them that they're feeling pressurized and threatened by Air India
04:09because they're being made to sign these financial forms, even though they asked for time to consult their lawyers.
04:15They weren't sure about some of the terms they needed some time.
04:19But they were feeling pressurized by Air India, where Air India was going to the extent of threatening them
04:23and saying that if they don't submit the forms, then they are not going to get the advance compensation.
04:28Now, the reason why they're scared is because these forms specifically asked them to disclose
04:33how many family members were financially dependent on the deceased who lost his life or her life in the AI-171 crash.
04:41They've also specifically asked about the employment details of the deceased person,
04:46including what his occupation was and the contact details of the place where they were employed.
04:53So they were unsure about whether or not to share these details with Air India,
04:57essentially because when it comes to aviation claims, there is an unlimited liability on the airline,
05:04which means that anybody who is impacted by it can ask for as much compensation as they think that they deserve
05:11and there is no cap on it that only this much amount can be given,
05:15which is why a lot of these families are looking to file these lawsuits because they're seeking enhanced compensation.
05:21The compensation that's already under the law, they don't feel like that's enough.
05:25They want an enhanced compensation, which is why they are seeking to file these lawsuits,
05:30which is also why they are apprehensive of sharing these details with Air India
05:34because eventually it will be against Air India that they will be facing in a court of law.
05:39Very quickly, this is about advance payments. Am I correct for now?
05:42Correct.
05:42Advance payment, the total amount that Air India had officially promised was Rs. 1.80 crores. Am I correct?
05:50Yes. So under the Montreal Convention, Air India is already obligated to pay a certain amount.
05:55which is determined through special drawing rights, which is coming out to be a calculation of Rs. 1.8 crore per life lost.
06:02But out of this Rs. 25 lakhs, Air India is promised as advance payments.
06:06And it's for these advance payments to be processed is why Air India is asking for these details to be disclosed.
06:12Okay. Let me come to you, Jitendra Bhargav.
06:14You worked with Air India for several years. I remember calling you up today on the story and you said,
06:20look, I think you're making, this is a storm in a teacup. Air India will do exactly what the Montreal Convention says.
06:27They will follow protocol. You want to then explain, as Nalini says, these concerns being voiced by families,
06:32are you saying they are misplaced?
06:36Rajdi, we need to understand why is Air India wanting a written documentation of this thing?
06:42There can be multiple claimants for compensation. How are you going to resolve the issues later?
06:48They're going to get it. The moot point that this lawyer is trying to make or the victims are trying to make is
06:53that Air India is attempting to slash compensation by getting their employer details and how much money they're earning, etc., etc.
07:01Now, there can't be a more ridiculous argument than this, let me put it straight away.
07:06One, Air India is going to be compensating, as your correspondent very rightly said, as per international conventions.
07:13They are obliged to provide. They can't deny it. That if we don't fill a form, we will not do it.
07:18They will do it. But after following the procedures.
07:20What have Tata's done? Over and above the compensation that Air India is offering, they are giving one crore each.
07:29And forget this one crore. Also, they have set up a corpus fund of 500 crores to ensure that it's on a sustained basis
07:39that the families of victims can be assisted. Now, I find this whole kind of argument, you know,
07:44there's a thing in America called the ambulance chasers.
07:47Perhaps you're getting on to the similar scenario where the lawyers get on and say, look, if we get you a high payment,
07:54this is my cut for it, etc. There are rules and regulations.
07:57Air India cannot simply wish them away.
08:01Everybody is involved in it. The lawyers, the insurance companies and everyone would be there.
08:06And they have protocols. And we all know about it, that there will be people who will be chasing money.
08:10What happens eventually? If somewhere India pays off without due diligence, some other claimants come and say,
08:17look, I also need it. This was my relationship with the victim. I was dependent on that victim.
08:22This is etc. So why are we making such abuse?
08:24And the reason why, when I spoke to you earlier was primarily this, that this kind of an argument
08:30does not want, does not warrant any kind of credence to be given by media or anybody else.
08:36Okay. You're claiming the media shouldn't give credence to it.
08:38But let me just try and dissect what all, what is being said.
08:43And Tushar Kumar, as an advocate at the Supreme Court, why don't you come in?
08:46How is the liability of the airline to pay compensation determined in the first instance
08:52in aviation disaster cases, especially because these have transnational impact?
08:57Number of the families protesting are those whose relatives are British nationals, for example.
09:03And I know that I just heard Jitendra Bhargava say these could be ambulance chaser lawyers.
09:09But is there a formula which is said, the fact that these forms are being distributed,
09:14is that something that is surprising?
09:18Thank you, Rajdeep.
09:19So I would agree with Mr. Bhargava that the panic currently is pretty premature.
09:24So the liability in particularly this Air India case is squarely, you know,
09:28governed by the Montreal Convention of 1999.
09:31You know, Indian law recognizes it.
09:33It is mandatory as per 17 and 21.
09:36So articles 17 and 21 give mandatory compensation of 1 lakh STR,
09:42which is the special drawing rights.
09:44So, you know, be it the fault of the airlines or not, 1 lakh is a mandatory amount, 1 lakh STR.
09:51So 1 STR is about 123.5 rupees as of the current rate.
09:58So as far as this mandatory payment is concerned, I don't think there is any reason for panic
10:03because that is mandated by an international convention and it is enforceable across the borders.
10:11It is not limited to, you know, India or UK.
10:15Now, where perhaps some lawyers…
10:16But the element of coercion, the element of coercion…
10:19Is someone obliged to disclose all the details?
10:23They claim this is coercion.
10:24No, no, no, no, no.
10:25As per the convention, they are not obliged.
10:30But it's very important to know that whether the correct claimant, whether the correct person is coming ahead and claiming the compensation.
10:38So it is not wrong on Air India's part to maybe, you know, seek some minor proof, you know, of kinship or, you know, of, you know, some sort of, you know, relation to the deceased.
10:50So, you know, otherwise, yeah.
10:51I take your point, Sanjay Hegde, the fact that you have these lawyers now who are acting on behalf of families claiming that these financial disclosure agreements,
11:05signing them amount to coercion, that they are worried that they will not get the kind of advance payments based on either signing the documents or not signing them.
11:16Do you believe that these are ambulance chasers putting pressure on Air India?
11:21Do you believe Air India needs to handle this with greater empathy?
11:26Well, I don't know about ambulance chasers, but ambulance chasers are normally American lawyers.
11:31These lawyers appear to be British.
11:34America has a system of contingency fees.
11:37British lawyers operate on a fee system.
11:40So they can't technically be ambulance chasers, be that as it may.
11:44There is an important prior case.
11:49I heard Mr. Bhargav and my friend say that 100,000 SDR is a given.
11:55In the Mangalore air crash case, which involved Indian Airlines there,
12:03the airline took a specific stand that 100,000 was not a given.
12:08You had to prove that your income merited a compensation of 100,000.
12:16The Kerala High Court ruled against the aviation company.
12:20The matter is still pending in the Supreme Court.
12:23So there are various legal issues.
12:26And I think Air India is currently should be more empathetic to avoid public perceptions and creating a controversy.
12:39Yes, you may have valid reasons to say that, look, we want the correct people to come forward and claim compensation.
12:48But you cannot threaten that if you do not sign, you will get nothing.
12:55Because there have been instances also where lawyers have got waivers of all liability on the pretext that whatever is the interim compensation is the final compensation.
13:08So, yes, if people want to look at the documents, want to consult their lawyers, by all means.
13:17Okay.
13:18Jitendra Bhargav, you know, that word I use, empathy.
13:20Obviously, the tragedy of Ahmedabad, air crash, families were destroyed.
13:26More than 200 families lost their lives, lost their loved ones, more than 240.
13:35Is there a greater need to ensure public perception is that the big, bad airlines versus hapless victims?
13:43That's a perceptional problem that Air India surely will have to deal with.
13:48And as has been mentioned in the past, one instance was given here by Sanjay in the Mangalore air crash.
13:53There's a sense that it's an unequal battle.
13:55If I'm a family member of a victim, I cannot run pillar to post, hoping that my compensation is given at the right time for the right amount.
14:07Rajdeep, let's put it this way.
14:09Under no circumstances can an airline deny compensation.
14:14Let's be very clear about it.
14:15Having said the credentials, you will get your compensation.
14:19What is due?
14:20What is due?
14:20I'm again repeating it here.
14:21You don't accept the coercion argument.
14:25You don't accept this argument of coercion.
14:28No, no, hold it.
14:29No way, no way.
14:30You can't coerce anybody to do anything.
14:32I'm asking a straightforward question here.
14:35Mr. A or Ms. A goes to Air India office and say, I am related to the victim.
14:40Please give me the advance payment.
14:42Can anybody give it and later face the legal consequences of not having done proper due diligence?
14:48Now, there is a system that could, Air India is not kind of fly-by-night operator or something.
14:53They will follow the regulation.
14:54And as I said earlier, if the intent was to save money, not deny compensation, why would
15:01have Tata offered one crore of rupees per victim and then create a corpus of 500 crores?
15:06And let me explain on the empathy part of it, there is no way that one can do away if these
15:12kind of farcical, privileged controversies have to be raised, which have no legs to stand.
15:18And I must also put it, while we were all busy when the accident took place and the DNA
15:23was being conducted, 300 volunteers of Air India were assisting all victims' families,
15:30transportation, accommodation.
15:31One can always say, yes, they were expected to do this.
15:33Then taking them to the families, to the place of state, helping them with the cremation
15:38of the victims and everything.
15:41Now, nobody has highlighted.
15:42So Air India has been empathetic.
15:44If these kind of disputes are raised, I don't think anybody can resolve this issue.
15:49But the only thing is, have faith in it.
15:51Air India, under Tata's, have the requisite empathy.
15:55They've announced compensation.
15:56It will be paid in due time.
15:58Why is this undue haste?
16:00Jumping to conclusion, it could be a possible human error.
16:03Therefore, the compensation can be unlimited.
16:05Why are you jumping the gun?
16:07Let the investigation get over.
16:08Okay.
16:09Point taken.
16:10I want to ask you, therefore, Tushar, do you see this progressing with potential lawsuits
16:15that could be filed in the UK or the US for enhanced compensation?
16:20Could that happen in a case like this?
16:22Absolutely.
16:23And why just in the UK and the US?
16:25You know, even Indian courts are competent.
16:27Like, so as far as the minimum threshold as mandated by 17 and 21 is concerned, if, you know,
16:33a particular family of a deceased thinks, you know, that is not enough, you know, the compensation
16:39is way beyond.
16:40They can definitely ask for higher compensation.
16:42But, but and only but if they can prove that the liability was of Air India.
16:48So, you know, right now, as Mr. Bhagav pointed out, the investigation is pending.
16:52We do not know whether it's Boeing or Air India or any other third party, right?
16:56So, I don't know if, I mean, if I have, if I have to file a lawsuit on behalf of a deceased,
17:03who do I, I mean, until the time I don't have conclusive evidence, you know, because
17:07of whose fault this happened, how can, you know, so 17 and 21 are giving base compensation,
17:15which is mandatory for everyone.
17:16And it's, it's, it's very nice that even the Tatars have announced, but anything beyond
17:20that, anything beyond that has to be conclusively linked to the fault of the airlines.
17:26So, 17 and 21 are very clear.
17:28Yeah.
17:29You know, particularly if it seemed to be a mechanical failure, if the report blames Boeing,
17:33you could have more lawsuits being filed, possibly class action as well, Sanjay Hegde.
17:37Is that a possibility in a case like this?
17:40Well, obviously, and then the matter would probably travel to the US because suing Boeing
17:47for a, for possibly information that they had, ignoring whistleblower warnings and,
17:55deliberate negligence.
17:57That would be a whole different ballgame.
17:58No, but you would have to prove that.
18:00You would have to prove that there was negligence on part of Boeing or there was a mechanical
18:04failure for which Boeing will be blamed.
18:05That would be, that would be a matter of evidence after the investigation report comes out.
18:12That is, that's a different ballgame.
18:14Right now, we are talking about the liability of the airline.
18:18And to both people on the panel, I'm telling you that there is a precedent where this very
18:23airline or its predecessor has not paid up.
18:27It has not paid up the 100,000 SDRs.
18:30It has made Gulf returnees go from pillar to post and they're still waiting in the Supreme
18:37Court to get the 100,000.
18:39Let me, let me leave it there.
18:41I think at the end of the day, we will judge Air India by the actions it takes.
18:47Lawyers may well have their grievances.
18:49Families may have their grievances.
18:51But we will judge Air India in the weeks and months ahead by the action it takes, by the
18:56action that Tata's takes in the hope that empathy above all else, given the horrific nature
19:02of this crash, will ensure that the families of the victims get what is due to them without
19:08having to run from pillar to post.
19:10I appreciate my guests joining me on my top talking point.
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