Air India vs UK Law Firm Over Alleged Threat To Crash Victims' Families

The families of the victims of the Air India plane crash in Ahmedabad last month have accused the Tata Group-owned airline of "forcing" them to make financial disclosures under the "threat of receiving no advance compensation", even as the carrier "categorically rejected" the allegations and said efforts are being made to process the payments.

"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," the airline said Friday. 

The Tata Group had announced a compensation of Rs 1 crore for families of those killed in the crash that occurred soon after London-bound AI 171 took off from Ahmedabad airport at around 1.30pm on June 12. The plane crashed into the residential quarters of BJ Medical College doctors in Meghaninagar area before going up in flames. Only one of the 242 passengers and crew members onboard survived the accident. The remaining victims were from those in the college and around the premises.

Separately, Air India announced an interim payment of Rs 25 lakh to the families of the victims and survivors. 

According to Stewarts, the UK's largest litigation-only law firm, families of the victims alleged that they are being forced to fill out a questionnaire "in intense heat with no guidance on the terms and questions within it".

The questionnaire comprises complex legal terms, the firm said, raising concerns that the victims' families may not be "equipped to interpret (them) correctly". It also accused the airline of "exploiting them at their most vulnerable time". 

Stewarts has partnered with Ahmedabad-based firm Nanavati and Nanavati to assist the affected families in claiming their compensation.  

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"Our clients were told by Air India that they have to complete a questionnaire to receive an advance payment, forcing them to fill out this questionnaire in intense heat with no guidance on the terms and questions within it. We have now heard that Air India is following up with families and pressuring them to complete the questionnaire under threats of receiving no compensation," Stewarts, which has also partnered with Clifford Law and Kreindler & Kreindler in the case against Boeing and other US based defendants, said.

"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," it added. 

The law firm said it is "shocked and appalled" by Air India's behaviour towards the affected families. "They should feel ashamed," it said.

The airline, however, dismissed the firm and families' claims as "unsubstantiated and inaccurate". It also cautioned against "misinformation and misinterpretation of facts to help everyone involved do their job responsibly". 

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"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," it said in a statement.

The airline also said the questionnaire asks family members to indicate with a "yes" or "no" as to whether they are "financially dependent" on the victims as it believes "this is an entirely fair and necessary question in order for us to process payments to those most in need of assistance". 

It also provided details of the steps taken by it to assist the affected families in receiving the compensation. It said that a facilitation centre has been set up at Taj Skyline hotel in Ahmedabad to assist families with the questionnaire. 

"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," it said.

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Air India said it has so far released interim compensation to 47 families. "The documents relating to a further 55 individuals have also been verified, and interim compensation is being released progressively to their families. We continue to be in dialogue with other families of the passengers and those deceased at the accident site, or their authorised representatives, to release the compensation at the earliest," it said.