Liability And Responsibility Of Air Carriers Towards Passengers For Death And Disability Under Carriage By Air Act 1972: Analysis
Abhijit Anil More, Maharashtra National Law University Mumbai
ABSTRACT
Transport is the means to move people and things from one place to another. It is essential for trade, exchange and travel. It is a supporting pillar for economic and social development. Without transport connections between countries, countries are isolated from each other and not able to make mass production and distribution for modern agriculture and industrialization. Without transport, there is no international trade.
Aviation provides the only rapid worldwide transportation network, generating economic growth, creating jobs, and facilitating international trade and tourism. Aviation has become the enabler of global business and is now also being recognized by the international community as an essential enabler to achieving the UN Sustainable Development Goals. The aviation sector is growing fast and will continue to grow. The most recent estimates suggest that demand for air transport will increase by an average of 4.3% per annum over the next 20 years.
In India, Carriage by Air Act 1972 governs the liability of Air carrier for loss, damage and deterioration of Goods also for the death and injury to passenger in its three schedules i.e., first schedule, second schedule and third schedule. All these schedules talk about liability of carrier for death and injury to passenger. It is actually the cause of confusion as to which schedule will decide liability of which carrier as liability regime given in all the schedules are different. The researcher is going to provide clarity relating to the same in this paper.
Keywords: Transport, Aviation, UN, Sustainable Goal, Carriage by Air Act 1972, Death and Injury, Liability Regime
