what is my uncle's liability?
FUTURE LAWYER
(Querist) 25 April 2011
This query is : Resolved
My uncle run a public carrier company in his business on some occasions the goods given to his are lost. His also execute Agreements with his customers providing that he will not be liable for loss of damage. If his customer files a case against him for loss of goods, what is my uncle's liability?
Basavaraj
(Expert) 25 April 2011
A common carrier in India is not merely a bailee as we understand and his liability against the loss or damage is more than what Sections 151, 152 and 161 of the Indian Contract Act 1872 provide. He is an insurer of the goods so to speak and in the absence of a special contract under Section 6 his liability is absolute. By entering into a special contract under Section 6 of the Act, the common carriers' liability may either be governed by the Indian Contract Act 1872 or by the English Common Law.
FUTURE LAWYER
(Querist) 25 April 2011
Thanks Mr.Basavaraj sir for your excellent advice.
SACHIN AGARWAL
(Expert) 27 April 2011
Good advice by Mr.Basavaraj. Besides this, the customer may also file a criminal case of breach of trust u/s 406 I.P.C.
