eng
competition

Text Practice Mode

High Court ki Taiyari

created Mar 10th 2023, 12:11 by 1998Raunak


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418 words
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Section 8 of the said Act provides, inter alia, that notwithstanding anything hereinbefore contained, every common carrier shall be liable to the owner for loss of or damage to any property (including container, pallet or similar article of transport used to consolidate goods) delivered to such carrier to be carried where such loss or damage shall have arisen from the criminal act or any of his agents or servants and shall also be liable to the owner for loss or damage to any such property other than property to which the provisions of section 3 apply and in respect of which the declaration required by that section has not been made, where such loss or damage has arisen from the negligence of the carrier or any of his agents or servants. In section 6 of the said Act it is laid down that the liability of any common carrier for the loss of or damage to any property delivered to him to be carried , not being of the description contained in the Schedule to the Act, shall not be deemed to be limited or affected by any public notice; but any such carrier, not being the owner , by special contract signed by the owner of such property so delivered or by some person duly authorised on that behalf by such owner, limit his liability in respect of the same. Shri Shanti Bhushan, learned senior counsel for the respondent, on the other hand, contended that the expression suit in section 9 of the Carriers Act should be understood in its generic sense and should not be given a restrictive meaning. The Commissison, submitted Shri Shanti Bhushan, was right in applying the provision of section 9 in the proceeding. The further contention raised by Shri Shanti Bhushan was that a common carrier is also an insurer under general law, and therefore, even keeping aside the provision of section 9 its liability for making good the loss of the goods in its custody squarely lies on the carrier.The Carriers Act is intended not only to enable common carriers to limit their liability for loss of or damage to property delivered to them to be carried but also to declare their liability for loss of or damage to such property occasioned by the negligence or criminal acts of themselves, their servants or agents. Therefore, the Act is not only protective of the interest of the common carriers but also enhances the credibility of the business with general public.

 

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