Carrier's Act versus Terms of Agreement
vinod bansal
(Querist) 06 December 2010
This query is : Open
R/Members
I am representing to a transporter (Carrier)in a recovery suit filed by insurance co. of goods sender,in this case truck met with an accident while saving a straw cattle,loss was reported to insurance co. of sender as the goods were insured by sender,claim amount has already been paid to sender by his insurance co. but as per agreement and subrogation rights in between sender and his insurance co. .Insurance co. filed a suit for recovery against transporter under Carrier act,as per carrier's act transport is liable to reimburse claim amount to insurance co. but there is also an written agreement in between my client (carrier) and sender,in which it is clearly mentioned that carrier will not be liable for any loss during transportation,but it carrier will be liable to co operate sender and will provide all required documents for settlement of claim with his insurar,i want to know in given facts,carrier act will prevail or written agreement,kindly advice.Thanx
