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.