Air India Dreamliner crash: Five ways families can claim compensation
The crash of Air India's Dreamliner on June 12 has brought renewed attention to the compensation available to the families of those who lost their lives. There are at least five avenues through which compensation can be claimed. Among them, compensation provided by Air India through its insurance coverage is mandatory. Additionally, the Tata Group has announced an ex-gratia payment of Rs one crore to the next of kin of each victim.
In addition, there are three other potential sources of compensation—travel insurance, life insurance, and debit card insurance—available to the victims' families, provided the deceased had active policies under these covers.
The crash is likely to result in claims of around Rs 4,000 crore ($ 470 million), making it one of the largest insurance claims involving a plane accident, with suits for claims likely to be lodged in foreign jurisdictions as several foreign nationals died in the accident, insurance sources said.
It's estimated that hull will cost around $ 80 million and engine $ 45 million for insurers and reinsurers. While total liability insurance claims for people died in the crash are likely to touch $ 350 million, the final amount can vary depending on the claims lodged and the jurisdiction involved.
Air India compensation from insurers:
As per the Montreal Convention treaty, Air India will have to pay a minimum compensation of around Rs 1.50 crore each to the kin of victims of the plane crash. Air India will get adequate compensation for the lost aircraft from insurance companies. While interim compensation may be announced by the airline, final compensation for passengers will be determined under the Montreal Convention of 1999, to which India became a signatory in 2009. Compensation is calculated using Special Drawing Rights (SDRs), which stood at 128,821 SDRs (approximately USD 1.33 per SDR) as of October 2024. The actual payout will depend on the nature of claims and jurisdiction involved.
Insurance sources said families can lodge claims in one of the several favourable jurisdictions like the carrier's domicile, place of ticket purchase and principal residence of the victim. It's learnt that the payout can change if Boeing or Air India was at fault. Sources don't rule out suits in other countries as nationals from Britain, Canada and Portugal died in the crash.
Tata group compensation:
In addition to the Air India insurance cover, the Tata Group will provide Rs 1 crore each to the families of the deceased in the crash of Air India's Boeing 787-8 Dreamliner in Ahmedabad.
According to the Tata group, families of those who died on the ground will be eligible for the Rs 1 crore compensation and the medical expenses of those who suffered injuries would also be covered by the company, while ensuring necessary care and support. Among those feared dead and sustained injuries in ground impact are doctors, students, hospital staff and residents from the Meghaninagar area, close to the airport.
Life insurance:
The next of kin of passengers who died in the plane crash can also claim money from the insurance company if the passenger had taken a life insurance policy. LIC and other insurers have announced faster claim disposal in the case of Dreamliner death victims. If the victim had a term insurance policy of Rs one crore, his family can claim the amount.
Any bodily injury that the policyholder sustains solely and directly from the accident, independent of other causes, that results in the death of the person within 180 days is deemed as a case of accidental death, ICICI Prudential Life Insurance says.
Meanwhile, adding an accidental death benefit rider is entirely optional when a person takes a life cover. It can be beneficial for people who travel frequently. The accidental death benefit payout is given to the nominee in addition to the death benefit from regular life insurance. The rider can be helpful in providing enhanced financial protection to families, it says.
Travel insurance:
The families of plane crash victims can also claim insurance if the passenger had taken a travel insurance policy.
Insurance companies offer travel policies which include an accidental death and dismemberment (AD&D) benefit that provides a lump-sum payment to the beneficiaries in the event of the insured's death or dismemberment as a result of an accident during the trip, including air travel accidents.
Several flights cancellations and delays have happened in the wake of the Dreamliner crash and the Iran-Israel war of late. 'Travel Insurance covers the expenses incurred for the time duration that you spend waiting for the flight. One gets reimbursement for the meals, refreshments and essential purchases depending upon the Sum Insured and policy coverage schedule. For flight cancellation, usually the cancellation has to be due to a valid reason such as weather disturbances, terrorism activity or natural disaster,' HDFC Ergo says in its explanatory note.
Card insurance:
Family members of persons who lost their lives in the Air India Boeing 787 Dreamliner crash can also claim insurance on some of the eligible debit cards owned by the deceased. Some banks provide complimentary personal air accident insurance cover in case of death on eligible debit cards. However, the insurance cover varies based on the category of the debit card owned by the holder. The catch is that there are several riders like the usage of card and one transaction in preceding 30 days for making a claim, which may not ultimately benefit the cardholder.
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