Lawgist14Limits 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
(1) Where a multimodal transport operator becomes liable for any loss of, or damage to, any consignment, the nature and value whereof have not been declared by the consignor before such consignment has been taken in charge by the multimodal transport operator and the stage of transport at which such loss or damage occurred is not known, then the liability of the multimodal transport operator to pay compensation shall not exceed two Special Drawing Rights per kilogram of the gross weight of the consignment lost or damaged or 666.67 Special Drawing Rights per package or unit lost or damaged, whichever is higher.
1[Explanation. -- For the purpose of this sub-section, where a container, pallet or similar article is stuffed with more than one package or units, the packages or units enumerated in the multimodal transport document, as packed in such container, pallet or similar article of transport shall be deemed as packages or units. ]
(2) Notwithstanding anything contained in sub-section (1), if the multimodal transportation does not, according to the multimodal transport contract, include carriage of goods by sea or by inland waterways, the liability of the multimodal transport operator shall be limited to an amount not exceeding 8.33 Special Drawing Rights per kilogram of the gross weight of the goods lost or damaged.
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1 Subs. by s. 8, ibid., for the Explanation (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
