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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mr.Justice V.Sivagnanam, J
Blue Dart Express Ltd. – Appellant
Versus
Epson India (P) Ltd. – Respondent
JUDGMENT :
1. Aggrieved over the Judgement and Decree dated 06.04.2018 passed in O.S.No.820 of 2017 on the file of the XVI Additional City Civil Court, Chennai, the defendant has preferred the first appeal.
2. For the sake of convenience, the parties are referred to as per their rankings in the trial Court.
3. Suit for recovery of money for damages.
4. The defendant in O.S.No.820 of 2017 on the file of the XVI Additional City Civil Court, Chennai, is the appellant herein.
5. The plaintiffs' case is as follows:
The first plaintiff is the owner of the suit cargo. The second plaintiff is the insurer, who issued a marine cargo policy and indemnified the loss to the first plaintiff and have been subrogated to the rights of the first plaintiff. The first plaintiff in the course of their business transferred their consignment of 95 Nos. of Business Projectors from their office at Chennai to their office at Howrah as per their Internal Stock Transfer Invoices bearing No.INCL/49536761/INEO valued at Rs.58,271.24/-, No.INCL/49532066/INEO valued at Rs. 17,88,305.77/- both dated 18.10.2013. The said consignment securely and customarily packed was entrusted with the Defendant for safe carriage from C
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.
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 loss of goods in transit, and once loss is established, the burden shifts to the carrier to disprove negligence.
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....
Common carriers are liable for short delivery due to negligence under the Carriers Act, and terms limiting liability may not be enforceable if inadequately notified to the other party.
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....
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.
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.
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