Why It’s Trending
Recent incidents—most notably the Air India tragedy—have refocused attention on passenger-compensation frameworks in global aviation.
About Montreal Convention
- Date Adopted: 28 May 1999
- Supersedes: Warsaw Convention of 1929
- Party States: Over 120 ratifications
- Objective: Harmonize airline liability for accidents, baggage mishaps, and flight delays on international routes.
Passenger Entitlements
In Case of Accident
- Death or Injury: Up to 128,821 SDR (approx. €160,000).
For Lost/Damaged/Delayed Baggage
- Maximum Payout: 1,288 SDR (approx. $1,700).
When Flights Are Delayed
- Compensation Cap: Up to 5,346 SDR (approx. $7,000).
- Covered Expenses: Delays exceeding 3 hours, cancellations, and missed connections.
India & the 1999 Convention
Key Facts
- India was the 91st nation to accede.
- Accession Instrument Deposited: 1 May 2009 (with ICAO).
- Effective in India: 30 June 2009 (60 days after deposit, per Article 53(7)).
Incorporation into Indian Law
- Enacted via the Carriage by Air (Amendment) Act, 2009.
ICAO’s Assessment
- India has ratified 43 international air-law instruments.
- As of 1 May 2009, India’s air-law framework was rated “Excellent.”