Mrs. Lyn, a Singaporean national claimed that after the flight she suffered bad dreams and lack of sleep. After three weeks she suffered a miscarriage and Mrs. Lyn complained that the miscarriage was a result of the complications she suffered from the unexpected landing experience.
Considering the definition of an accident, it is an unexpected unusual event or happening external to the passenger. Bad dreams and lack of sleep are not considered as accident within Article 17 of Warsaw convention. These can only be considered if they cause mental injury or illness which in turn causes adverse physical symptoms such as strokes and miscarriage. Therefore, the airline will not be liable to pay the passenger since bad dreams and lack of sleep may be a result of her personal issues she already had before flight.
For the miscarriage due to unexpected landing experience, the plaintiff will be compensated by the airline because according to article 17 of Warsaw convention and article 17 of Montreal convention. On airline, this accident as convention stated that an accident will be considered as accident when a passenger got physical or bodily injury.
On this case passenger she got a problem of miscarriage when she was onboard and her accident is a physical injury.By this also a passenger as the investigation says her life was working normally this means that this accident happened during unusual or unexpected condition of aircraft which leads her life in danger.
As Montreal and Warsaw convention signed that any accident happened during onboard this accident will be considered as on side of airline because airline has authority to check and be sure the life condition of any passenger before the course of embarking and disembarking operation. As we assess the condition of aircraft was in unusual situation due to this aircraft faced by turbulences which leads it in unexpected condition causing the passenger got injured as we based on this reason this passenger she got problem during her journey and is considered as the airline’s mistake. This case is being compensated by article 21 of Montreal convention.
The passenger will be compensated as the convention stated 100,000 SDR (approx. to 1, 45,000 USD).