The Delhi-bound Air India Phuket-Delhi flight AI2379 flying from Phuket left the passengers shaken after it experienced a sudden loss of altitude during
cruise. It resulted in injuries to multiple passengers and crew members. As per the sources, the Pilot-in-Command (PIC) of the flight has tested positive in a second dope test for Marijuana, sources said on Tuesday. However, there is no confirmation from the Civil Aviation Ministry. Further, they said that the crew members on the flight filed a report of their ordeal, where the Pilot in Command was allegedly "out of control" and had to be taken back to his seat. The cabin crew reported that the Pilot indulged in misconduct on the plane, calling his behaviour "out of line," said sources. The cabin crew in the report wrote that he was not in control of himself and unable to walk. The crew claims they had to help him back to his seat and that the co-pilot was entrusted to take charge and land the aircraft.
How these flyers can get the insurance claim?
When you book your air ticket, one of the options that comes to you is for the travel insurance. A certain extra amount is paid by the flyer while booking the ticket to get themselves insured.
In order to understand whether these flyers are eligible to get the insurance claims, and to get it, Manas Kapoor, Head of Travel Insurance at Policybazaar, told Times Now Digital that in case where customers are travelling to a destination and the flight encounters turbulence due to adverse weather conditions, resulting in passenger injuries, they will be eligible to raise a claim under the Personal Accident benefit.
"This generally covers accidents involving a common carrier where the incident results in partial or permanent disability and/or death."
If the traveller is hospitalised as a result of the incident, they may also avail the Medical Expenses benefit under the Travel Insurance policy, subject to the policy terms and conditions.
However, travellers must know that if the airline has already provided compensation or covered the medical or other related expenses for the customer, the same expenses would not be eligible for reimbursement under the Travel Insurance policy. Travellers must be cautious not to claim the same expense twice, he added.
What are the legal rights?
Shashwat Anand, Advocate on Record, Supreme Court of India on the legal rights available to the flyers said, "An aggrieved passenger who suffers bodily injury while travelling on an international carriage by air to, from, or within India may seek compensation under the Carriage by Air Act, 1972, which incorporates the provisions of the Montreal Convention, 1999 into Indian law."
"The relevant statutory framework includes Section 4A of the Carriage by Air Act, 1972, which gives the force of law in India to the provisions of the Montreal Convention. Under Article 17 of the Montreal Convention, the carrier is liable for damage sustained in the event of the death or bodily injury of a passenger, provided that the injury is caused by an accident that occurred on board the aircraft or in the course of the operations of embarking or disembarking," he added.
