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Unichem Laboratories Ltd., Mr. S. ... vs New India Assurance Co. Ltd., Mr. ... on 28 August, 2006 cites

Nath Bros. Exim International Ltd vs Best Roadways Ltd on 27 March, 2000

(vi). the claim is barred under Section 24-A. In our view, the aforesaid submissions are without any substance. Firstly, law is settled on the subject. It is the primary liability of the carrier to reimburse the plaintiff/Complainant in case of loss/damage for non-delivery of the goods entrusted to them for carriage. For this Sections 8 and 9 of the Carriers Act, 1865, are very clear and the same are interpreted by the Apex Court in Nath Bros. Exim International Ltd. Vs. Best Roadways Ltd. (2000) 4 SCC 553, wherein the Court has held that the liability of the carrier to whom the goods are entrusted for carriage is that of the insurer and is absolute in terms, in the sense that the carrier has to deliver the goods safely, undamaged and without loss at the destination, indicated by the consignor. So long as the goods are in custody of the carrier, it is the duty of the carrier to take due care as he would have taken of his own goods and he would be liable if any loss or damage was caused to the goods on account of his own negligence or criminal act or that of his agent and servants. The Court has also observed that the carrier can escape his liability only if it is established that the loss or damage was due to an act of God or enemies of the State. The Court has also observed that the expression at owners risk does not exempt the carrier from his own negligence or negligence of his servants or agents.
Supreme Court of India Cites 22 - Cited by 93 - S S Ahmad - Full Document
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