The Attorney Group consists of the UK-based Kestone Law and the US-Domisild Visner Law firm.
Partner James Heli-Prat, partner of Kestone Law and the investigation group of the firm, said, “Our international legal group has been discussing this with families of UK crash victims for the past one week; This is an important part of AI 171 after the AI ​​171.” “We are looking carefully looking at the evidence, as well as considering to register legal proceedings against Boeing in American courts, along with similar proceedings against Air India in the High Court in London.”
He said that Article 33 of the Montreal Convention allows families to pursue claims in courts like the US or UK if the airline operates there or if the victims are related to those countries.
In addition, the articles of the Montreal Convention according to the 17 and 21 law firms, passengers provide unlimited liability in terms of death or injury.
Heli-Protte said, “Team Air India insurer Tata AIG’s initial settlement proposals (for the families of the victims) and the airline under international law are reviewing the obligation of the airline, which to pay advance to family members,” said Heli-to-hit. The group is investigating the accident of Air India’s Boeing 787 Dreamliner aircraft in Ahdibad. Under the leadership of Aviation experts James Heli-Prat and Owen Hannah, Chicago is working closely with the Visner Law firm. US firm, A Aviation litigation Experts are also advising customers in the Air India Express Crash of August 2020.
Air India and Boeing together are about $ 4 billion in aviation insurance coverage, including Air India’s $ 1.5 billion policy for such tragedies. This coverage can be used to settle the payments ordered by the court in the UK or US.
For some families, this means to prosecute Air India in the London High Court for complete compensation under unlimited liability and English law. Others may file a case against Boeing in the US federal court in Virginia, demanding complete compensation and unlimited liability under the US law, based on the evidence collected.
Ajay Khalwala, managing partner of Little & Company, said that the major benefits of any litigation in the US or Britain lie in widespread compensation scope and legal processes. He said, “These jurisdiction gives widespread discovery, experts testimony, and in the US, the jury trial-which can cause high damage,” he said.
In these countries, courts are also seen as more plaintiffs, especially in cases related to the manufacturer mistake or gross negligence. However, experts have warned that the issues of jurisdiction may delay proceedings, especially when many defendants or border elements are included. “If a deceased passenger was a permanent American resident, the possibility of a successful US jurisdiction increases,” said co-founder partner Satyendra Srivastava in Consortia Legal. “This is not clear, however, if the UK and Canadian citizens had such a situation on the flight.”
Indian courts can rapidly resolve judicial matters when an airline operates in the country or passengers were Indian citizens, although the overall case is slow.
Meanwhile, the Tata Sons is setting up a ‘500 crore trust’ to support the families of 241 people killed in the aircraft and the families of 241 people killed on the ground due to the accident.
