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march 2010

Supreme Court of India · 2010-03-16

Contship Container Lines Ltd vs D.K. Lall & Ors

Citation / case number
AIR 2010 SUPREME COURT 1704
Court
Supreme Court of India
Petitioner
Contship Container Lines Ltd
Respondent
D.K. Lall & Ors
Author
T.S. Thakur
Bench
T.S. Thakur, Markandey Katju

Judgment text excerpt

The Supreme Court addressed the appeals arising from the National Consumer Disputes Redressal Commission's order, which partially granted relief to the complainant against Contship Container Lines Ltd. while dismissing the complaint against the National Insurance Company Ltd. The Court held that under Article IV Rule 5 of The Indian Carriage of Goods by Sea Act, 1925, the liability of the carrier is limited to 2 SDRs per kg, affirming the lower court's finding that the exporter was not a consumer under the Act. The Court upheld the dismissal of the complaint against the Insurance Company, emphasizing the need for clear evidence of loss and proper documentation.

Contship Container Lines Ltd vs D.K. Lall & Ors · Niyam