India
became 91st country to have ratified Montreal Convention 1999. Director General of Civil Aviation (India) has
deposited with ICAO on 1 May 2009, the Instrument of Accession by India to
the Convention for Unification of Certain Rules for International Carriage
by Air done at Montreal on 28th May, 1999. The Convention will become effective for India
on 30th June 2009, being the 60th day after depositing
the Instrument in accordance with its Article 53 Para (7) of the Convention.
As
per ICAO statement on this occasion, the State of India has ratified in all
43 International Air Law Instruments and its standing has been found excellent
as on May 1, 2009, from the view point of legislation of air law instruments
into national laws. The Montreal Convention,
1999 has been incorporated into the Carriage by Air (Amendment) Act, 2009
in India.
The Carriage by Air (Amendment) Act, 2009:
·
The
Carriage by Air Act, 1972 covers the provisions of the Warsaw Convention,
1929 and the Warsaw Convention as amended by the
Hague Protocol, 1955 relating to the liability of the carriers towards passengers
and shippers.
·
The
Montreal Convention, 1999 supersedes all previous international instruments
on air carrier liability.
·
The
Montreal Convention applies to all international carriage of persons, baggage
or cargo performed by aircraft for reward.
·
International
carriage means any carriage in which the place of departure and the place
of destination are situated:
-
Within
the territories of two State Parties; or
-
Within
the territory of a single State Party if there is an agreed stopping place
within the territory of another State, even if that State is not a Party to
the Convention.
·
The
Montreal Convention, 1999 has been ratified by 91 countries so far.
·
Since
Indian carriers are operating to most of these countries, they are required
to maintain the required insurance and pay higher premium.
·
For
death of a passenger, there is a strict liability of 100,000 SDRs.
·
The
carrier shall not be liable beyond this limit if it proves that:
-
Such
damage is not due to negligence or other wrongful act or omission of the
carrier; or
-
Such
damage is solely due to negligence or other wrongful act or omission of a
third party.
·
If
the carrier proves that the damage was caused or contributed by the negligence
and wrongful act or omission of the passenger or the person claiming compensation,
it shall be exonerated to the extent of such negligence or wrongful act or
omission.
·
The
carrier is liable for damage occasioned by delay in the carriage of passengers,
baggage or cargo.
·
The
limits of liability shall be reviewed if the inflation factor had exceeded
10%.
·
In
case of death or injury of passengers, the carrier shall make advance payments
without delay to natural persons.
·
Fifth
jurisdiction – State Party in which the passenger has his principal and permanent
residence to which the carrier operates air services.
·
Any
action for damage shall be brought within two years.
·
A
State Party may require the carrier to furnish evidence that it maintains
adequate insurance.
***
MC/MK
(Release ID :48665)