Carriers Act, 1865, is not mandatory in the complaint case under
Consumer Protection Act, 1986 , even then the complainant sent notice
to the carrier, which ... said that notice was given to carriers and
Insurance Company under Section 10 of the Indian Carriers Act, 1865.
Provision of Section
their negligence and not vice-
versa. Section 9 of the Carriers Act, 1865 provides that it is
for the carrier to prove that there ... control are the acts of God i.e. Earthquake, Cyclone, etc., and as per
Section 9 of the Carriers Act, 1865, the plaintiff
carrier. The rights
and liabilities of carrier are governed by the Carrier Act .
Section 9 of the Carriers Act 1865 relieves the plaintiff from ... contract or
act of God. Thus, the negligence on part of carrier is presumed
in view of section 9 of the Carriers Act
same in essence is a suit for damages under the Carriers Act, 1865 . It is
also clear from the pleading of the plaintiff in paragraph ... Road Act, 2007 therefore by virtue of
Section22(2) thereof, we had to proceed in accordance with the Carriers Act,
1865 .
5.7. In such
goods during transit, is upon the
carrier as per Section 9 of the Carriers Act, 1865, which reads as
under:-
9. Plaintiffs, in suits ... act of God' or by 'Kings enemies'.
Liability in the general sense of common carrier under
the Carriers Act is that
insurer. The defendant No. 1, being a common
carrier within the meaning of Carriers Act, 1865 , has been doing
business of carrying goods as pubic ... appellant that no notice as
required under section 10 of The Carriers Act 1865 was ever
served. The carrier had not acknowledged receipt
Act was enacted in the year 1865 and new Carriers Act (Carriers by
Road Act, 2007 ) had come into force w.e.f. 1.10.2007. This ... Act has
come in the year 2007 and according to Section 22 of the Carriers by
Road Act, 2007 , Carriers Act, 1865 was repelled, therefore
deliver the goods in same condition
as per the provision of Carrier Act, 1865 wherein the defendant has failed and now it
is under liability ... served upon the defendant U/Sec. 10 of the Carrier Act, 1865 . Hence this
issue is decided in favour of plaintiff.
Issue No.3 Whether
circumstances are relevant and require consideration.
i. Section 9 of the Carriers Act, 1865 fastens strict
liability upon the carrier and reads ... record the loss notice as
mandated under Section 10 of the Carriers Act, 1865
which is Ex. PW1/7. The original postal receipt showing
under Section 8 of the Arbitration
& Conciliation Act, 1996 (hereinafter referred to as 'the Act') filed by the
petitioner/defendant ... defendant/carrier had lost the goods due to a fire during the
contract of transportation and hence was liable under the Carriers Act, 1865
