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S. SOUNTHAR
DRS Logistics Private Limited – Appellant
Versus
Blue Star Limited – Respondent
JUDGMENT :
Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure, against the judgment and decree dated 01.09.2017 passed in A.S.No.78 of 2017 by the XVIII Additional Judge, City Civil Court, Chennai, confirming the judgment and decree dated 08.11.2016 passed in OS.No.4019 of 2012 passed by the I Assistant Judge City Civil Court, Chennai.
The unsuccessful defendant in the suit is the appellant. The respondents herein filed a suit seeking recovery of Rs.7,05,355/- with interest for the loss caused to the goods of the first respondent, during transit by the appellant/carrier from Chennai to New Delhi. The suit was decreed by the trial Court and the findings of the Trial Court were affirmed by the first Appellate Court. Aggrieved by the same, the unsuccessful defendant has come up with this Second Appeal.
2. According to the respondents/plaintiffs, the first respondent during the course of his business, entrusted 83 numbers of Chest Freezers with the appellant/carrier for transit from Chennai to New Delhi. It was the case of the respondents that as a common carrier it was the duty of the appellant to deliver the goods entrusted in a good condition to the consignee
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.
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 carrier is strictly liable for the loss of consignment unless they can prove that it was not due to their negligence or criminal act, as per Sections 8 and 9 of the Carriers Act 1865.
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.
A common carrier is not strictly liable for transit loss unless it is proven that the loss arose from the negligence or criminal act of the carrier, and a consignor cannot validly subrogate rights to....
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....
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