Carriers Act, 1865

The petitioner, a common carrier governed by the Carriers Act, 1865, filed a petition before the National Consumer Disputes Redressal Commission alleging loss due to the carrier's negligence. The issue was whether Section 9 of the Carriers Act, which places the burden on the carrier to prove absence of negligence, appl…

M.G. Brothers Lorry Service, a common carrier, failed to deliver a consignment of yarn entrusted by Prasad Textiles. The Way Bill governing the carriage contained Condition 15, which required any claim to be made in writing within 30 days of booking or arrival. Prasad Textiles gave notice of claim on June 20, 1969, aft…

Birla Yamaha Ltd. booked Patel Roadways Ltd. to transport 267 generator sets, which were destroyed in a fire at the carrier's godown. The complainant filed a petition before the National Consumer Disputes Redressal Commission alleging deficiency in service and seeking compensation. The Commission held the carrier liabl…

Nath Bros. Exim International Ltd. booked 77 packages of silk garments with Best Roadways Ltd. for carriage from Noida to Bombay, the contract stating the goods were carried "at Owner's Risk". The consignment was diverted to a warehouse in Bhiwandi on alleged instructions of the consignee and was completely destroyed b…

The Transport Corporation of India Ltd, a common carrier, was entrusted by Veljan Hydra Ltd with a hydraulic cylinder consignment in 1996. The carrier repeatedly assured the consignee that it was locating the goods but never informed them of any loss, and the consignment was never delivered. Veljan Hydra filed a consum…

The appellant, a carrier, appealed against a complaint filed by the assured (a consignor who was also a consumer) and the insurer under the Consumer Protection Act, 1986, seeking compensation for loss of a consignment. The goods were insured, the insurer paid the assured, and the assured executed a Letter of Subrogatio…

The petitioner, a contractor for Indian Oil, hired the respondent truck owner to transport 12,000 litres of oil. An accident caused a leak and only 1,755 litres were delivered, leading the petitioner to sue the truck owner and the insurer, Oriental Fire & General Insurance Co., for the shortfall. The trial court decree…