AI would be liable for damages for international carriage, in case of:
1) Death and bodily injury provided it happened on-board or during embarking or disembarking.
2) destruction, loss or damage to checked baggage
However, the airline will not be held liable if it proves that the damage was caused by negligence, wrongful act or omission of the person claiming compensation.
Where International Covenants Apply
The liability for damage would extend up to:
1. 1,00,000 SDRs per passenger if there is a death or injury. Carrier will not be liable for more than this if it is able to prove that the damage was not caused due to its own negligence, omission or wrongful act and it was caused by some third party’s negligence, omission or wrongful act.
2. 4694 SDRs per passenger in case of delay of carriage of persons
3. 1131 SDRs per passenger in case of loss, damage, delay or destruction of baggage
Where International Covenants Do Not Apply (Govt. Of India Rules)
In the event of death or bodily injury amounting to permanent disability which renders him or her incapacitated for normal duties, liability is restricted to Rs 7 lakhs and 3.75 lakhs for person aged equal to or more than 12 and below 12 years respectively.
In case the disablement is temporary, liability of carrier for each passenger is limited to Rs 500 per day for every day during which he is disable or Rs 1 lakh whichever is less.
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