FATHIMA RAHMA PACHEERI Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners in all these writ petitions were passengers in an International Air Carrier namely Air India Express Dubai-Kozhikode flight IX - 1344 belonging to the respondents. The flight crashed at Karipur International Airport, Kozhikode on 07.08.2020 during landing. The passengers suffered serious injuries, contend the petitioners.

(2.) According to the petitioners, they have so far incurred huge amount for treatment, which was met by the respondents. Most of the passengers have suffered physical disability apart from physical and mental trauma. They should therefore be adequately compensated.

(3.) The learned counsel for the petitioners would argue that the petitioners are entitled to enforce the injury claims as provided under the International Conventions, the latest being the "Montreal Convention" incorporated as per Sections 4A and 5(1) of the Carriage by Air Act, 1972 and Rules 17 to 21 and other provisions of Chapter III of Schedule 3 of the Carriage by Air Act, 1972.