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march 2000

Supreme Court of India · 2000-03-27

NATH BROS EXIM INTNL. LTD vs BEST ROADWAYS LTD

Citation / case number
SC 1997/60395
Court
Supreme Court of India
Petitioner
NATH BROS EXIM INTNL. LTD
Respondent
BEST ROADWAYS LTD
Author
SAGHIR AHMAD
Bench
S.S.AHMAD D.P.WADHWA

Judgment text excerpt

The Supreme Court ruled that the respondent, as a carrier under the Carriers Act, 1865, is liable for the loss of goods due to negligence, despite the claim of 'owner's risk'. The Court found that the consignment was improperly stored in a godown adjacent to a warehouse containing combustible materials, which constituted negligence. The dismissal of the appellant's claim by the National Consumer Disputes Redressal Commission was overturned, establishing that carriers must ensure safe storage of goods entrusted to them.

NATH BROS EXIM INTNL. LTD vs BEST ROADWAYS LTD · Niyam