Immaterial Compensation for Passenger Who Had Traumatic Experiences in Air Passenger Transport

Abstract

The main purpose of this article is to analyze the compensation for immaterial loss for the passenger carriage by air transportation based Warsaw Convention and Montreal Convention. This article will answer several of these questions: (a) whether the air carrier shall be held liable to compensate the passenger who suffered mental distress during the flight, (b) which regimes shall govern the liability of the parties in that matter, (c) does that matter could also be seen from national law, and (d) could mental distress still be considered as an injury which may be compensated. The method used will be the legal dogmatic method. Regardless, damages for mental injuries unaccompanied by physical trauma resulting from an ‘accident’ occurring while an individual is on an international flight should be compensable. Furthermore, although a majority of jurisdiction continue to adhere to the traditional rule requiring some form of physical injury in order to obtain damage for mental injury, courts so far has been trying to overcome the mindset of the physical injury requirement as a guarantee of the genuineness of claims for mental distress.