Air India is deluged by negative press for its handling of families of the deceased after a terrorist attack in recent weeks. Families of victims encountered shocking experiences as they were forced to fill out a confusing survey. This should have been a simple matter to receive an advance payment. This would in practice result in very significant under-compensation, saving the airline at least £100 million.
Families came to claim the remains of their loved ones. They were subsequently led through the process of completing this documentation, including a detailed, complicated questionnaire. This document was intended to convey very important financial information, but it was delivered with no helpful instructions. Families bundled into segregated rooms and hallways. They braved a swamp of oppressive heat and humidity while wading through confusing jargon laden terminology and question structure of the census form.
Peter Neenan, an aviation lawyer who has represented families in several high-profile airline disasters, expressed his outrage at Air India’s handling of the situation. He reiterated that there are families who had no choice but to fill out the questionnaire. They endured these terrible situations without any other option.
“The repeated story that we have heard from our clients is that families have been told by Air India that they have to complete a questionnaire to get the advance payment, forcing them to fill out this questionnaire in appalling conditions: small, crowded rooms, in intense heat with no guidance on the terms and questions within the questionnaire.” – Peter Neenan
Neenan also discussed the long-term legal tethering of the questionnaire. He noted that it contained provisions that would significantly affect the way compensation is determined. He noted that the application forms were peppered with legally charged verbiage that was intimidating and obfuscating even for those with no legal education.
“Our clients have shown us the questionnaire. It demands legally significant information using terms which have a legal definition which is not being told to families.” – Peter Neenan
In response to Air India’s position, the plaintiff attorney warned that if Air India’s strategy succeeded, many of the families would be under-compensated. He noted that there are two potential outcomes from filling out these forms: either families will seek legal representation afterward, leading to disputes over whether they understood the terms, or they may accept inadequate compensation due to confusion.
“There is no question that the information being asked for could be used against families by Air India in the future,” – Peter Neenan
Neenan has already warned clients of these disturbing revelations. So to that end he really recommends them to get specialist legal advice even before filling out the forms.
“We are advising our clients not to complete this form and to seek specialist legal advice,” – Peter Neenan
In a response to the backlash, an Air India spokesperson said that the airline was focused on providing assistance to families impacted and ensuring their welfare. They touted a lot of effort put into making the questionnaire process as easy as possible. In this manner, compensation would get to the right people as soon as possible.
“The support and welfare of the families impacted by this tragic incident is our number one priority,” – Air India spokesperson
The spokesperson then went on a furious and lengthy defense of the airline’s innocence. They consciously wanted to make things easier, even as they understood that some level of formality would still exist.
“We are doing everything we possibly can to ensure that compensation is provided as quickly and smoothly as possible to families at what is an impossibly difficult time for them,” – Air India spokesperson
Neenan’s apprehensions about the misuse of sensitive data really resonate with families. As a result, they feel burdened at the worst part of an extremely tragic situation. That addition of legal complexity and emotional distress has created a sense of vulnerability among relatives.
“This is the real horror of what they’re potentially looking to do,” – Peter Neenan
As more investigative work goes into this ongoing experience, it is still crucial for everyone to remember that transparency and compassion must come first. The plight of bereaved families should not be compounded by administrative hurdles or a lack of understanding regarding their rights.