 "Debris of an Air India plane that crashed moments after taking off from the Ahmedabad airport. Pic/PTI")
Weeks after the Air India Flight 171 crash in Ahmedabad claimed 241 lives, the families of the victims have accused the airline of pressuring them during the initial compensation process.
They allege Air India threatened “no compensation” if they did not complete a company-provided questionnaire.
Families also claim they were coerced into signing documents detailing their financial dependency on the deceased, seemingly to reduce compensation amounts.
In response, Air India has dismissed these allegations as “unsubstantiated and inaccurate.”
The crash occurred shortly after the Boeing 787-8 Dreamliner took off from Ahmedabad en route to London, killing all but one of the 242 passengers and crew members on board.
UK-based law firm levels serious allegations
Stewarts, a UK-based law firm, has been retained by families of over 40 passengers from the UK and India. Partnering with Ahmedabad-based firm Nanavati and Nanavati, Stewarts is assisting Indian families in pursuing claims against Air India, Boeing, and other potentially liable parties, according to an official.
In a statement, Stewarts reported that Air India required families to complete a questionnaire to receive an advance payment, forcing them to fill it out in intense heat without guidance on its legal terms and questions. The firm further stated that Air India has been pressuring families to complete the questionnaire, threatening to withhold compensation if they fail to comply.
The questionnaire, reportedly necessary for an advance payment, includes legal terminology that the airline allegedly failed to explain, raising concerns that it could be used to minimise future compensation.
Impact Shorts
More Shorts“Our clients have shown us the questionnaire. It demands legally significant information using terms with a legal definition which is not being told to families. The information being asked could be used against families by Air India in the future, even though few families will understand how the questions should be interpreted or the test that should be applied for each of the terms used," the firm said.
The firm said that they have advised their clients (victim families) not to complete the form, as the company will seek payment for them.
“We are shocked and appalled that Air India is pressurising families for this information when they are at their most vulnerable," the statement said.
Air India responds
Air India, in its defence, has said it sought only “basic information” from the families to establish relationships so that compensation is issued to those who are entitled.
The airline explained that the question about financial dependency on the deceased was included as a “fair and necessary” measure to prioritise and process payments for those most in need of assistance.
Air India categorically rejects these allegations and refutes them as both unsubstantiated and inaccurate.
Air India has been making considerable efforts to process payment of interim compensation (also referred to as advance compensation) as soon as possible, in order to meet the immediate financial needs of affected family members, with the first payments having been made within days of the accident. However, Air India cannot process these payments in an information vacuum. In order to facilitate payments, Air India has sought basic information to establish family relationships to ensure that the advance payments are received by those entitled to them. Whilst the questionnaire does ask family members to indicate with a “yes" or “no" as to whether they are “financially dependent" on the deceased, Air India believes this is an entirely fair and necessary question in order for us to process payments to those most in need of assistance," the Air India statement said.
It said that the families can respond to the questionnaire during their physical presence at the centre established in Ahmedabad or by email.
“Starting 15 June, Air India established a Facilitation Centre at the Taj Skyline hotel in Ahmedabad, where the questionnaire relating to interim compensation is available. In addition, families were sent communications informing them that the questionnaire is also available over e-mail, in the event families do not wish to make a visit to the Centre. Air India staff are present at the Centre to explain the elements of the questionnaire to family members. There is no requirement for family members to complete the questionnaire at the Centre, and several families have chosen to complete the questionnaire at their convenience and submit it over e-mail. Those families who chose to complete the questionnaire at the Centre were provided with copies of their submissions at their request. In addition to being able to ask questions of the Air India staff at the Centre, families are, of course, free to seek legal advice should they wish to do so," the statement said.