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IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.POORNIMA
K. Srinivasan – Appellant
Versus
Oriental Insurance Company Limited, Rep. By its Divisional Manager – Respondent
| Table of Content |
|---|
| 1. overview of procedural history and initial lawsuit facts regarding insurance claim for transit loss. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 2. examination of carrier liability under the carriers act and evidence regarding accident causation. (Para 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26) |
| 3. arguments concerning subrogation maintainability and the burden of proof for carrier negligence. (Para 27 , 28 , 29 , 30) |
| 4. court's conclusion on absence of carrier negligence and lack of insurable interest by the consignor. (Para 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42) |
JUDGMENT :
R. POORNIMA, J.
1.This second appeal is filed against the judgment and decree, dated 12/12/2001 made in AS No.103 of 2000 on the file of the Principal District Judge, Tuticorin, reversing the judgement and decree dated 28/04/2000 made in OS No.11/1998 on the file of the Sub Court, Kovilpatti.
2.The appellant is the second defendant in the suit.
3. The case of the plaintiff in brief is that, on 07/03/1985, 750 bundles of safety matches value of Rs.78813-75/- were despatched by the third defendant to Jodhpur vide Invoice No. B-127, dated 07/03/19
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....
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 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 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 central legal point established in the judgment is the duty of the carrier to take necessary care and caution to safeguard consignment goods, as outlined in the Carriers Act and Marine Insurance ....
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....
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 liable for loss unless exempted by a special contract or act of God, which must be proved by the carrier.
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