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Jhxaxkuxj jksM+] chNoky] chdkusjA vihykFkhZ&foi{kh THE CARRIGE BY ROAD ACT, 2007 THE CARRIGE BY ROAD ACT, 2007 Liability of comman carrier- (1) The liability of the common carrier for loss of, or damage to any consignment, shall be limited to such amount as may be prescribed having regard to the value, freight and nature of goods, documents or articles of the consignment, unless the consignor or any person duly authorised in that behalf have expressly undertaken to pay higher risk rate fixed by the common carrier under section11.

Conditions limiting exonerating the liability of the common carrier-(1)

Every common carrier shall be liable to the consignor for the loss or damage to any consignment in accordance with the goods forwarding note, where such loss or damage has arisen on account of any criinal act of the common carrier, or any of his sevants or agents.

THE CARRIGE BY ROAD ACT, 2007 General responsibility of common carrier- Save as otherwise provided in this Act, a common carrier shall be responsible for the loss, destruction, damage or deternoration in transit or non-delivery of any consignment entrusted to him for carriage, arising from any cause except the following namely:-

(a) Act of God, (b) Act of war or public enemy, (c) Riots and civil commotion, (d) Arrest, restraint or seizure under legal process, (e) Order or restriction or prohibition imposed by the Central Government or a State Government or by an officer or authority subordinate to the Central Government or a State Government authorized by it in this behalf.

Provided that the common carrier shall not be relieved of its ressposibility for the loss, destruction, damage, deterioration or non-

delivery of the consignment if the common carrier could have avoided such loss, destruction, damage of deterioration or non-delivery had had the common carrier exercised due diligence and care in the carriage of the consignment.

Privy Council Irrawady Flotila V. Bugwandas (1891) ILR 18 18 Cal.620 A common carrier is responsible for the safety of the goods entrusted to him in all events, except when loss or injury arises solely from act of God or the Queens enemies or from the fault of the consignor or inherent vice in the goods themselves. He is, therefore, liable even when he is overwhelmed and robbed by an irresistible number of person. He is an insurer of the safety of the oods against everything extraneous which may cause loss or injury except the act of God or the Queens enemies and if there has been an unjustifiable deviation or negligence or other fundamental breach of contract on his part, he will be liable for loss or injury due to the Queens enemies or, it would seem, due to act of God.

THE CARRIGE BY ROAD ACT, 2007 THE CARRIGE BY ROAD ACT, 2007