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N. S. SANJAY GOWDA
Haryana Maharastra Roadways (pvt) Limited – Appellant
Versus
Oriental Insurance Company Limited – Respondent
JUDGMENT/ORDER
N.S. Sanjay Gowda, J. - The Oriental Insurance Company Limited (for brevity, referred to as 'Insurer') and M/s. Wipro Fluid Power Limited (for brevity, referred to as 'Consignor') instituted a suit for recovery of a sum of Rs.1,54,272/-against Haryana Maharashtra Road Ways (Private) Limited (for brevity, referred to as 'Carrier') and the said suit was decreed for a sum of Rs.1,54,272/- along with interest at 6% per annum from the date of suit till the date of realisation. Aggrieved by the same, the Carrier is in appeal.
2. It was stated that a consignment containing Hydraulic Cylinders and various other components were packed in polythene bags and these bags were placed in 59 wooden crates/cases and the consignment was entrusted to the Carrier on 07.09.2001. The consignment was booked under carrier receipt Nos.G.R.1058 and 1059, which stated that the consignment consisted of Hydraulic Cylinders worth Rs.31,07,611/- and the Consignee was M/s. Escorts J.C.B. Limited.
3. It was stated that Carrier received the goods and agreed to deliver the same to the Consignee and necessary charges were paid for the transport of these goods. It was, however, alleged that the Carrier fai
The Carrier's liability for the loss, damage, or non-delivery of goods entrusted to it is not limited or affected by any public notice unless there is a special contract signed by the owner of the pr....
The carrier is absolutely liable for loss of goods entrusted to them during transport, and the plaintiffs are not required to prove negligence if they can establish the loss and the entrustment of go....
A common carrier is liable for loss unless exempted by a special contract or act of God, which must be proved by the carrier.
The insurer can sue a common carrier for damages even without notice under Section 10 of the Carriers Act if the claim arises from loss or injury to goods.
The carrier's liability for damages cannot be limited by an expired agreement, and negligence on the part of the carrier establishes full liability for the loss.
A common carrier is liable for damages only if caused by negligence or criminal acts; the presumption of negligence can be rebutted by evidence showing that damage was due to an accidental event.
Common carriers are strictly liable for losses unless they can prove an excepted peril; the burden of proof is on the carrier to demonstrate that due diligence was exercised.
Section 10 of the Carriers Act requires notice of loss but does not apply to non-delivery claims; payment of freight does not negate liability for lost goods.
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