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Doctors Write to Supreme Court Over Air India Flight Crash: Seek Urgent Compensation and Investigation


In a tragic incident, Air India Flight AI171 crashed near Ahmedabad yesterday, causing significant loss of life and property. In response, two doctors — Dr. Saurav Kumar and Dr. Dhruv Chauhan — have written a letter to the Chief Justice of India, urging the Supreme Court to take suo motu (on its own) action on this matter.

They have requested the Supreme Court to direct the Central Government to release immediate compensation to the families of the victims and ensure a fair investigation into the cause of the crash.


Recalling the 2020 Supreme Court Judgment

The doctors referred to an important Supreme Court decision in Triveni Kodkany vs Air India Ltd & Others, which dealt with the 2010 Mangalore plane crash. That judgment had laid down key principles for deciding the compensation amount in air crash cases. Here are some of the main points:


  • Income Calculation: The total cost to the company (CTC), not just the take-home salary, should be considered as annual income.

  • Future Prospects: A 30% addition should be made for employees aged 40–50 to reflect future income growth, with adjustments for other age groups.

  • Personal Expenses: A certain portion should be deducted based on the number of dependents (1/3rd for 2–3 dependents, 1/4th for more than 3).

  • Multiplier: A fixed multiplier (based on age) should be used to calculate the final compensation amount.

  • Interest: Interest at 7.5% per year should be awarded from the date of the accident until the actual payment.

  • Non-pecuniary Damages: Compensation should also be given for emotional losses such as pain, suffering, and loss of companionship.


Concerns About Montreal Convention Compensation:


While Air India is mainly responsible for paying compensation, the doctors pointed out that the amount fixed under the Montreal Convention, 1999 — around USD 200,000 (approx. Rs 1.65 crore) per passenger — may not be enough given the scale of the tragedy.

They have requested the court to direct the government to pay an interim compensation of Rs 50 lakhs to each of the victims’ families — especially those connected to BJ Medical College, where the crash happened.


What the Doctors Have Requested the Court to Do

In their letter, the doctors have urged the Supreme Court to:


  1. Direct the Central Government to pay interim compensation of Rs 50 lakhs per victim.

  2. Set up a High-Level Expert Committee made up of retired judges, aviation specialists, economists, and actuaries. This committee should evaluate and recommend the final compensation based on past judgments.

  3. Instruct Air India to quickly settle compensation claims without making grieving families go through long court cases.

  4. Ask the Central Government to offer rehabilitation support such as employment for eligible family members of the deceased.

  5. Ensure a full investigation into the cause of the crash to prevent future accidents.


Final Thoughts


The doctors have made a strong case for immediate action by the judiciary. They believe this is not just about compensation but also about justice, support, and accountability. The Supreme Court’s attention and directions in this matter could bring much-needed relief and clarity to the affected families and also improve aviation safety in the country.

 
 
 

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