How to proceed legal action against renault for deficiency in services

I own a Renault duster which met with an accident on 21st May 2017. I lost my nephew in the accident. The reason of death was due to the bone in neck getting broken due to the collision impact. The car is fitted with airbags which failed to get activated. There was another passenger in the car whose airbag got deployed and he escaped unhurt from the accident.The vehicle is not repaired yet and is kept i as it position. I have also sent a email to customer relations and sales head of eastern India with the details. Since the other airbag deployed, it is evident that the impact was strong enough to trigger airbag. also, since the other passenger remained unhurt, it is clear that if the airbags would have worked, my nephew would have survived the accident. Need help to understand if we can take legal action against the Company as it is a case of serious service failure on their behalf. Would it be a case in consumer court? What would be the process of filing the case.