Family of engaged couple killed in Santacruz fire demands compensation from IndiGo

The compensation is in accordance with Section 5 of the Carriage by Air Act, 1972, which was enacted by India and updated in accordance with the Montreal Convention in 1999. The convention established airline liability in case of death, injury or damage to passengers and baggage

MUMBAI: A week after the death of engaged couple Rupal Kanji Dhanji Vekaria, 25, and Kishan Premji Halai, 27, in a fire at Galaxy Hotel in Santacruz East, their fathers have submitted a notice to InterGlobe Aviation aka IndiGo Airlines to claim compensation. Both have demanded an amount of 1,13,100 SDR (Special Drawing Right) (approximately ₹1.24 crore) within 14 days, following which, in case of non-payment, they will proceed with legal action.

Family of engaged couple killed in Santacruz fire demands compensation from IndiGo

The compensation is in accordance with Section 5 of the Carriage by Air Act, 1972, which was enacted by India and updated in accordance with the Montreal Convention in 1999. The convention established airline liability in case of death, injury or damage to passengers and baggage. The Passenger Charter by the ministry of civil aviation states the liability of the airline as 1,13,100 SDR in case of death or bodily injury to a passenger on board an aircraft.

The SDR is an asset, not a currency, set by the International Monetary Fund (IMF).

Rupal and Kishan, along with a third passenger Kantilal Gordhan Vara, 48, died in a fire that flared up in the hotel at around 1.10 pm last Sunday. They, as well as Rupal’s parents and sister along with four other IndiGo passengers, were put up there by the airline due to a delayed connecting flight.

The passengers were travelling from Ahmedabad enroute to Nairobi. While they made it to Mumbai Airport before the departure time of 2.10 am on Sunday, August 27, and were even given their boarding passes according to the family, the boarding gates had by then been closed.

The airlines then provided an alternate flight on the next day, August 28, Monday, scheduled for 2.10 am. In the interim, the passengers were offered accommodation at Galaxy Hotel in Santacruz East. According to the notice, they were given no choice in the matter.

Heavy sparking and a short circuit in the split air-conditioner in Room 204 caused the fire, leading to the deaths. Other lodgers of the hotel also had to be rescued.

“That there is a sheer negligence, compromise on the safety standards on the part of your company for onboarding hotels like Galaxy without checking minimum safety standards, Civil Aviation requirement conditions for Air Passengers to stay during layover/stopover which endangered our client along with his family, due to which our client lost 2 of his family members in the said incident having young age of 25 and 27 years respectively,” (sic) reads the notice, further noting that IndiGo has to date not made a public statement, offered condolences or compensation for the deaths.

HT’s report immediately after the incident found that the hotel did not have the requisite fire No Objection Certificate (NOC) from the Mumbai fire brigade, as it was constructed in 1966 when there was no such requirement.

When contacted, IndiGo refused to comment on the notice.