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S. S. SUNDAR, N. MALA
Paragon Polymer Products (P) Ltd. , Represented by its Authorised Person, S. Annadurai, Salem – Appellant
Versus
Kerala Roadways Limited, Represented by its Director V. K. Moidoo Haji – Respondent
JUDGMENT
(Prayer: Appeal Suit filed under Section 96 read with Order XLI of Code of Civil Procedure against the judgment and decree dated 26.10.2010 in O.S.No.342 of 2004 on the file of the Additional District Court (Fast Track Court No.2), Salem.)
T S.S. Sundar, J.
1. The plaintiff in the suit in O.S.No.342 of 2004 on the file of the Additional District Court, Salem (Fast Track Court No.2, Salem), is the appellant in the above appeal, aggrieved by the judgment and decree dismissing the suit as against defendants 1 to 11 and 14 in the suit.
2. The appellant filed the suit against defendants 1 to 14 for recovery of a sum of Rs.19,61,916/- towards the value of goods under 10 consignments, delivered to defendants 12 and 13, with an interest @ 18% p.a. till the date of plaint.
3. The case of the plaintiff in the plaint is as follows:
3.1. The plaintiff is a manufacturer of rubber footwear popularly known as Hawai with brand name “Paragon”. The 1st defendant is a transport company having head office at Calicut and branches throughout the country. Defendants 2 to 7 are the Directors of the 1st defendant. 8th defendant is the Manager at Calicut Branch. 9th defendant is the Manager
The main legal point established in the judgment is that the carrier was not liable for the delivery of goods without the consignee copy of 'Goods Consignments Notes' in the absence of an agreement o....
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....
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 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.
Carriers and their agents retain liability for goods until actual delivery is completed, and failure to deliver constitutes a breach of contract.
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 respondent must prove the existence of a special business practice, and mis-description in the plaint does not necessarily result in non-suit.
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