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R. SUBRAMANIAN, R. SAKTHIVEL
Villavarayar & Son, (Partnership Firm), Represented by one of its partners – Appellant
Versus
United India Insurance Company Limited – Respondent
JUDGMENT :
(R. Subramanian, J.)
(Prayer: First Appeal filed under Section 96 of C.P.C., against the judgment and decree dated 23.09.2016 passed in O.S.No.678 of 2004 on the file of the I-Additional District Judge, Coimbatore.)
(Prayer: First Appeal filed under Section 96 of C.P.C., against the judgment and decree dated 23.09.2016 passed in O.S.No.805 of 2004 on the file of the I-Additional District Judge, Coimbatore.)
The defendants in O.S.No.678 of 2004 and O.S.No.805 of 2004 are on appeal, aggrieved by a decree granted by the Trial Court, directing payment of a sum of Rs.9,93,631/- with interest at the rate of 9% per annum from the date of suit till date of realization in O.S.No.678 of 2004 and for a sum of Rs.13,94,200/- with interest at the rate of 9% per annum from the date of suit till date of realization in O.S.No.805 of 2004.
2. The suits came to be filed by the respondents namely, the Insurer and the Consignor of the goods namely, cotton yarn on the basis that loss has occurred while the goods were in the custody of the carrier namely, the appellant herein. The Insurance Company, having indemnified the Consignor had obtained a letter of subrogation, authorizing it to claim th
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'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....
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 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.
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.
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.
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....
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