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1958 Supreme(Mad) 242

RAMACHANDRA.IYER
Indian Airlines Corporation – Appellant
Versus
Jothaji Maniram – Respondent


Advocates:
S. Govind Swaminadhan, for Petitioner.
P. P. Selvarajan and J. W. D. Jesudasan, for Respondent.

Judgment.-

The respondent, a merchant at Madras, sent on 9th March, 1955, a parcel of pen nibs valued at Rs. 1,600 to Calcutta, through the Indian Airlines Corporation, the petitioner. Before accepting the goods for carriage, the petitioner issued a consignment note, Exhibit P-1. It sets out the terms and conditions of the carriage. In the front portion of Exhibit P-1, the agent of the respondent, who despatched the goods, signed a statement stating that he was aware of and was accepting the general conditions of carriage and special conditions, more particularly referred to or set out on the reverse of that document. One of the special conditions, which is legibly printed on the reverse of the consignment note was that the carrier, namely, the petitioner,

“shall be under no liability whatsoever to the consignor or to the consignee, etc., for loss damage, detention or delay to the goods arising out of the carriage . . . whether or caused or occasioned by the act, neglect, negligence or default of the earner or of pilots, flying, operational or other staff or employees or agents or the carrier or otherwise however. . . The said exemption from liability and indemnities in favour of th




















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