M/S.ECONOMIC TRANSPORT ORGANIZATION vs DHARWAD DISTT.KHADI GRAMUDYOG SANGH

The Supreme Court ruled that under Section 14(1)(d) of the Consumers Protection Act, 1986, the burden of proof for negligence lies with the common carrier, as established in Patel Roadways Limited v. Birla Yamaha Limited. The Court clarified that Section 9 of the Carriers Act, 1865 imposes a duty on the carrier to prove absence of negligence, which is applicable in consumer fora. Thus, even if the initial onus is on the complainant, they can rely on Section 9 to shift the burden back to the carrier, affirming the principle of common law regarding negligence.