The Carriage by Air Act, 1972
Act Name:
The Carriage by Air Act, 1972
Purpose:
The Act was enacted to regulate the rights and liabilities of carriers and passengers in air transportation. It deals with issues related to the carriage of passengers, baggage, and cargo by air. This Act implements the provisions of the Warsaw Convention, 1929 into Indian law, which is an international treaty that sets uniform rules regarding liability in international air carriage.
Background:
The Warsaw Convention was established to provide a standardized legal framework internationally for air carriers’ responsibilities and liabilities, especially concerning damages or loss to passengers, luggage, or cargo. India adopted this Convention by passing the Carriage by Air Act in 1972 to align its laws with international norms.
Key Provisions:
Defines the liability of air carriers for injury or death of passengers, loss or damage of baggage, and damage to cargo during international flights.
Specifies limits on compensation payable by carriers in case of loss or injury.
Establishes the documentation requirements such as passenger tickets and air waybills, which outline the contract between the carrier and passengers or cargo owners.
Sets procedures and time limits for claims against carriers.
Provides certain defenses to carriers in specific situations, such as acts of war, public enemies, or natural disasters.
Impact:
This Act provides a clear legal framework for international air carriage in India, protecting the rights of passengers and shippers while setting out the responsibilities and limits of air carriers. It ensures consistency with international air transport laws, facilitating smoother cross-border air travel and trade.
Table Summary:
| Aspect | Details |
|---|---|
| Act Name | The Carriage by Air Act, 1972 |
| Year Enacted | 1972 |
| Purpose | To regulate liability of air carriers for passengers, baggage, and cargo |
| International Convention | Implements the Warsaw Convention, 1929 |
| Key Provisions | Carrier liability for injury/loss, compensation limits, claim procedures |
| Documentation | Passenger tickets, air waybills |
| Defenses for Carriers | Acts of war, public enemy acts, natural disasters |
| Significance | Aligns Indian law with international air carriage liability standards |
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