Rights of Legal Heirs After a Plane Crash: A Legal Insight into the AI-171 Air India Boeing 787 Tragedy
Rights of Legal Heirs After a Plane Crash: A Legal Insight into the AI-171 Air India Boeing 787 Tragedy
By Advocate Prabal Bhandariwww.prabalbhandari.com
In India, the legal heirs of deceased passengers — including spouses, children, parents, or any legally recognized nominee — have the right to seek compensation for the irreparable loss they’ve suffered. This can be pursued both under Indian law and international legal frameworks, depending on the jurisdiction and facts of the case.
Under the Montreal Convention, 1999, which governs international air carriage and to which India is a party, Air India is strictly liable for damages up to 113,100 Special Drawing Rights (SDRs) — approximately ₹1.25 crore per passenger. This compensation does not require any proof of fault. If negligence or failure in maintenance is established, heirs may claim additional damages without an upper limit, provided causation is proven.
Beyond the airline’s liability, legal heirs can also bring a product liability claim against Boeing, the aircraft manufacturer. If it is proven that Boeing knew — or ought to have known — about the FADEC system malfunction or failed to apply mandated software corrections, families may be entitled to sue under tort law, wrongful death, and product defect liability statutes. This becomes particularly relevant given past incidents involving similar Boeing 787 software errors, such as the Japan Air Nippon Airways 2019 case.
Victims' families may explore legal remedies in India, where the incident occurred, as well as in the United States, where Boeing is headquartered. In many past aviation cases, U.S. courts have awarded significantly higher punitive and compensatory damages, especially when evidence of gross negligence or prior warnings exists.
It is entirely possible — and legally permitted — for legal heirs to simultaneously claim damages from Air India under carrier liability and from Boeing under product liability. This can include compensation for loss of future income, medical or funeral expenses, emotional trauma, loss of consortium, and in appropriate jurisdictions, punitive damages.
To strengthen their case, families should begin compiling evidence early. Essential documents include: the deceased’s ticket and boarding pass, proof of relationship (such as marriage or birth certificates), a succession certificate or legal heirship certificate, income proofs, and media or expert reports like those recently issued by aviation attorney Mary Schiavo. Access to the accident investigation report, maintenance records, and flight data (once available) will also be crucial to establish technical fault or negligence.
If multiple families are affected, a class action lawsuit can also be considered — especially in the United States — for consolidated pursuit of justice and equitable distribution of outcomes. A transnational legal approach may be pursued in collaboration with international aviation attorneys.
This tragic event must serve not only as a moment of national mourning but as a legal turning point in holding aviation stakeholders accountable. Legal heirs must be proactive in asserting their rights — not only for compensation but for justice, transparency, and the systemic overhaul of aviation safety protocols.
As a practicing advocate, I am available to guide grieving families through the claim process, draft legal notices, coordinate with foreign legal counsel, and ensure that both civil and criminal accountability are pursued if due negligence is found. The law, after all, must become the voice for those who can no longer speak.
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