The family of the person who died in the collapse of a beam at Delhi’s terminal 1 may have to fight litigation for 2-5 years should they press for additional compensation, according to legal experts.
The civil aviation ministry has announced a compensation of Rs 20 lakh for the family of the victim and Rs 3 lakh each for those injured in the Delhi airport incident.
“If the case goes to court, it can take several years. Indian courts, like those in many countries, can experience delays due to backlogs and procedural complexities. Civil suits in India, including wrongful death claims, can take anywhere from 2 to 5 years or more to reach a resolution,” said Kunal Sharma, Partner, Singhania & Co.
On June 28, the roof canopy and metallic support beams of Terminal 1 of Delhi's Indira Gandhi International Airport collapsed, claiming one life, crushing several cars and leading to the suspension of operations in the terminal.
Terminal-1 was the first terminal to be built after the GMR group-led Delhi International Airport Ltd (DIAL) took over the airport from the government-owned Airports Authority of India.
Pursuant to this, the government filed a First Information Report (FIR) under Sections 304A and 337 of the Indian Penal Code (IPC) 1860 for causing grievous hurt and death due to negligence. It was filed last week.
The case is currently being investigated by an Investigating Officer (IO), a sub-inspector level officer, who will seek details from the Airports Authority of India (AAI).
How can they claim more compensation?
Reports have emerged that the deceased person was the sole breadwinner of the family, as a result of which they would most likely require further compensation.
“The family members of the deceased could opt for legal recourse for claiming compensation for their loss. They can file a civil suit against DIAL since it is responsible for managing the entire Delhi Airport since 2006. Also, since GMR very proudly boasts on its website that the Delhi Airport has been ranked the best airport for a few years, immense responsibility befalls upon them,” said Aayushi Singh, Advocate, Delhi High Court.
Sandeep Bajaj, Advocate at Supreme Court, said, “The family of the deceased typically has several legal options available for seeking compensation including but not limited to the filing of a lawsuit/petition against DIAL and initiating criminal prosecution basis negligence on the part of the Airport authorities to ensure the structural integrity and safety of the terminal, especially during the monsoon season and lack of proper maintenance and inspection which could have prevented the collapse.”
Bajaj noted that the government can also issue orders for regulatory investigation through the Directorate General of Civil Aviation or investigation through specialised agencies to determine the cause of the crash.
Alay Razvi, Partner, Accord Juris, said, “The family can initiate criminal action against the persons responsible under section 104 of the Bharatiya Nyaya Sanhita (New penal code) i.e. causing death by rash or negligent act not amounting to culpable homicide wherein the punishment can go up to 7 years of imprisonment along with fine, Section 106 of the BNS i.e causing death due to negligence wherein the punishment can go up to a term of 5 years of imprisonment along with fine.”
How have court interventions helped victims of such tragedies in the past?
Most recently, the Gujarat High Court intervened on its own in the Morbi bridge collapse incident. The high court asked Oreva Group, which was responsible for maintaining the bridge, to pay Rs 10 lakh to the kin of each of the 135 deceased and Rs 2 lakh to each of the 56 injured in the collapse as a first response.
Subsequently, the HC made the company take responsibility and create a trust for the victims and their families. The court directed the company to offer jobs, homes and a monthly allowance on a case-to-case basis to ensure that victims are provided with sustenance.
The Supreme Court had famously intervened in the Bhopal gas tragedy case which enabled Union Carbide to pay $470 million to compensate the survivors. In 2022, the survivors claimed an additional compensation of $3.3 billion. However, the court turned this plea down noting that the issue cannot be raked up three decades after the settlement.
In 2017, the Supreme Court directed the Kerala government to pay Rs 500 crore within three months as compensation to over 5,000 victims of the use of endosulfan pesticide. The court still monitors the welfare of the victims from time to time.
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