recently I have given reply of notice as under:
To,
M/s. ______________
Reg : Reply to Statutory notice dated Nil received on 23/05/2009
This has reference to your above cited notice regarding your claim under our L.R No.000000 dated 27/04/2009 for goods transported from Ahmedabad to Indor. As regards this notice we would like to draw your kind attention to the following facts:
(1) At the outset we draw your attention that goods under above L.R. is transported under the provisions of The Carriage by Road Act, 2007 and only provision thereof shall be applicable and provision of Carriers Act, 1865 shall not be applicable at all.
(2) As regards your claim we further draw your attention that materials under above L.R. are transported under the terms and condition mentioned under the said L.R. and you shall not be entitle for any claim and compensation for leakage, breakage or soiling by rain water or weather and as a transporter we are not liable for entertaining any claim for compensation.
(3) As provided under the Carriage by Road Act, 2007 as a transporter our transport company is not responsible as the said provision is clear stating “provision of CARRIAGE BY ROAD ACT, 2007 Section 12: Conditions limiting exonerating the liability of the common carrier- (1) Every common carrier shall be liable to the consignor for the loss or damage to any consignment in accordance with the goods forwarding note, where such loss or damage has arisen on account of any criminal act of the common carrier, or any of his servants or agents…… ”
(4) Thus, the material transported is not mishandled nor there are any negligence of our staff, employee or agents and the damage is caused not by any of our reason.
(5) The leakage is caused in its pecking due to some reason which have had not been known to us.
(6) We would like to draw your further attention that as mention under above L.R. you are suppose to cover your materials by insurance for any leakage, breakage or damage. As it appear from your above notice that your consignment is coved under insurance and therefore you have to take up matter with insurance company for your claim of leakage/ damage. For these purpose we can provide you with necessary certification/statement etc. on your request.
Thus, you are requested to take appropriate action to settle your claim with insurance company, since we are not liable/responsible for leakage/damage under the provision of Carriage by Road Act, 2007.
Thanking you,
Yours faithfully
ARUN TRIVEDI
HETAL S. SHAH
ADVOCATES
