Washington, Dec 5 (NationPress) - A federal court in the United States has ruled against an India-bound traveler, Sarala Nair, in her lawsuit against Delta Air Lines, determining that her claim was submitted too late under the Montreal Convention, which governs liability for injuries incurred on international flights.

Nair was en route from Detroit to Mumbai via Paris on February 3, 2023, when she claimed that a bag fell from an overhead compartment and hit her on the head while Delta staff were assisting another passenger.

Her itinerary indicated a planned arrival in Mumbai on February 5. However, she filed her lawsuit on June 20, 2025—over four months past the treaty's two-year statute of limitations—leading the court to dismiss her claim in an order dated December 2.

The case has garnered attention among Indian travelers residing in the US, particularly since the incident took place during a long-haul flight frequently utilized by the Indian community.

As per the Passenger Name Record referenced in the ruling, Nair was seated in 55C when the overhead bag fell on her. A physician onboard assessed her condition, and the captain deemed it necessary for her to receive emergency medical treatment. She was subsequently taken off the aircraft at the Detroit gate and transported to a medical facility.

Her lawsuit sought damages for injuries to her skeletal, nervous, cardiovascular, and/or musculoskeletal systems, alongside damage to her muscles, tendons, ligaments, nerves, bones, and other bodily tissues.

Delta moved the case to federal court, asserting that the Montreal Convention exclusively governs such claims.

US District Judge Robert J. White concurred, noting that Article 35 of the treaty mandated that Nair initiate her legal action by February 5, 2025. He stated, “Since Nair filed her complaint over four months later, this action is untimely.”

The court also dismissed her arguments claiming that discovery was premature, that the falling luggage did not qualify as an “accident,” and that emotional damages excluded her claim from the treaty's jurisdiction.

The judge emphasized established precedents that items falling from overhead compartments are regarded as “unexpected or unusual events” external to the passenger, thus satisfying the definition of an Article 17 accident. He further noted that the Convention supersedes all state negligence claims related to injuries on international flights.

The Montreal Convention binds the US, India, and virtually all major aviation nations, offering standardized regulations for passenger injury claims. US courts rigorously enforce the treaty, including its two-year filing requirement, and have consistently ruled that diaspora travelers must adhere to this timeframe regardless of the situation.