Back
VINIT KUMAR MATHUR
United India Insurance Limited – Appellant
Versus
Assam Bengal Roadways Ltd. – Respondent
ORDER :
(Vinit Kumar Mathur, J.)
1. Heard learned counsel for the parties.
2. The present appeal has been filed by the appellants against the judgment and decree dated 04.05.1990 passed by Additional District Judge No.1, Sri Ganganagar in Civil Suit No.83/1983 (33/1983) whereby the suit instituted by the appellants for recovery of Rs.2,51,000/- was dismissed.
3. Briefly noted facts in the present appeal are that the plaintiff No.1 is a Government Company incorporated under the Indian Companies Act having its registered office at Madras and the plaintiff No.2 is a Limited Company having its registered office at Hoshiyarpur, Punjab and the defendant- Assam Bengal Roadways is a Goods Carriage Company. The plaintiff No.2 ordered for two Generator sets from a Manufacturing company located at Calcutta and the same were to be transported to Sri Ganganagar. The Generator Sets having capacity of 500 KVA and 400 KVA respectively were given to the defendant in secured, perfect and sound condition for safe carriage transportation to Sri Ganganagar. The defendant accepted the consignment and issued three clean and good receipts for transporting the Generator Sets to Sri Ganganagar. After transporta
The court ruled that failure to provide notice as mandated by Section 10 of the Carriers Act, 1865, renders the suit not maintainable.
The carrier is strictly liable for loss of goods in transit, and once loss is established, the burden shifts to the carrier to disprove negligence.
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....
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 term 'given' in Section 10 of the Carriers Act is interpreted to mean 'sent', allowing the suit to proceed despite the defendant's claims.
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.
The liability of a common carrier for the loss or damage of property is absolute unless there is a special contract limiting the liability, and the burden of proving absence of negligence is on the c....
Compliance with statutory notice periods is imperative to avoid premature filing of suits. Failure to adhere leads to dismissal.
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
