Lawgist13Basis of liability of multimodal transport operator
(1) The multimodal transport operator shall be liable for loss resulting from--
(a) any loss of, or damage to, the consignment;
(b) delay in delivery of the consignment and any consequential loss or damage arising from such delay, where such loss, damage or delay in delivery took place while the consignment was in his charge:
Provided that the multimodal transport operator shall not be liable if he proves that no fault or neglect on his part or that of his servants or agents had caused or contributed to such loss, damage or delay in delivery:
1[Provided further that the multimodal transport operator shall not be liable for loss or damage arising out of delay in delivery including any consequential loss or damage arising from such delay unless the consignor had made a declaration of interest in timely delivery which has been accepted by the multimodal transport operator.]
Explanation. -- For the purposes of this sub-section, "delay in delivery" shall be deemed to occur when the consignment has not been delivered within the time expressly agreed upon or, in the absence of such agreement, within a reasonable time required by a diligent multimodal transport operator, having regard to the circumstances of the case, to effect the delivery of the consignment.
(2) If the consignment has not been delivered within ninety consecutive days following the date of delivery expressly agreed upon or the reasonable time referred to in the Explanation to sub-section (1), the claimant may treat the consignment as lost.
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1. Subs. by Act 44 of 2000, s. 7, for the second proviso (w.e.f. 5-12-2000).
- 1 Short title, extent and commencement
- 2 Definitions
- 3 No person to carry on business without registration
- 4 Registration for multimodal transportation
- 5 Cancellation of registration
- 6 Appeal
- 7 Issue of multimodal transport document
- 8 Multimodal transport document to be regarded as document of title
- 9 Contents of multimodal transport document
- 10 Reservation in the multimodal transport document
- 11 Evidentiary effect of the multimodal transport document
- 12 Responsibility of the consignor
- 13 Basis of liability of multimodal transport operator
- 14 Limits of liability when the nature and value of the consignment have not been declared and stage of transport where loss or damage occurred is not known
- 15 Limits of liability when the nature and value of the consignment have not been declared and stage of transport where loss or damage occurred is known
- 16 Liability of the multimodal transport operator in case of delay in delivery of goods under certain circumstances
- 17 Assessment of compensation
- 18 Loss of right of multimodal transport operator to limit liability
- 19 Limit of liability of multimodal transport operator for total loss of goods
- 20 Notice of loss of or damage to goods
- 20A Period of responsibility
- 21 Special provision for dangerous goods
- 22 Right of multimodal transport operator to have lien on goods and documents
- 23 General average
- 24 Limitation on action
- 25 Jurisdiction for instituting action
- 26 Arbitration
- 27 Delegation of power
- 28 Multimodal transport contract to be made in accordance with this Act
- 29 Act of override other enactments
- 30 Power to make rules
- 31 Repealed
- 32 Repeal and savings
