Basis of liability of multimodal transport operator 13.
The consignor shall be deemed to have guaranteed to the multimodal transport operator the adequacy and accuracy, at the time the multimodal transport operator takes charge of the goods, of the particulars referred to in clauses (a) and (b) of section 9 as furnished by the consignor for insertion in the multimodal transport document.
The consignor shall indemnify the multimodal transport operator against loss resulting from inadequacy or inaccuracy of the particulars referred to in sub – section (1).
The right of the multimodal transport operator under sub – section (2) shall in no way limit his liability under the multimodal transport contract to any person other than the consignor.
Basis of liability of multimodal transport operator 13.
1) The multimodal transport operator shall be liable for loss resulting from :-
any loss, or damage to, the consignment;
delay in delivery of the consignment and any consequential loss or damage arising from such delay, where such loss, damage or delaying delivery, took place while the consignment was in his charge.
Provided that the multimodal transport operator shall not be liable if he proves that no fault or neglect on his part or that of his servants or agents had caused or contributed such loss, damage or delay in delivery;
Provided further that the multimodal transport operator shall not be liable for loss or damage arising out of delay in delivery unless the consignor had made a declaration of interest in timely delivery which has been accepted by the multimodal transport operator.
Explanation – For the purpose of this sub – section, ‘delay in delivery’ shall be deemed to occur when the consignment has not been delivered within the time expressly agreed upon or, in the absence of such agreement, within a reasonable time required by a diligent multimodal operator, having regard to the circumstances of the case, to effect the delivery of the consignment.
2) If the consignment has not been delivered within ninety consecutive days following the date of delivery expressly agreed upon or the reasonable time referred to in the Explanation to sub – section (1), the claimant may treat the consignment as lost.
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 14.
Where a multimodal transport operator becomes liable for any loss of, or damage to, any consignment, the nature and value whereof have 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 damage, which ever is higher.
Explanation – For purpose of this sub – section, where a container, pallet or similar article of transport is loaded with more than one package or unit, 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 package or units.
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 kilogram of the gross weight of the goods lost or damaged.
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 15.
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 known, then the limit of the liability of the multimodal transport operator for such loss or damage shall be determined in accordance with the provisions of the relevant law applicable in relation to the mode of transport during the course of which the loss or damage occurred and any stipulation in the multimodal transport contract to the contrary shall be void and unenforceable.
Liability of the multimodal transport operator in case of delay in delivery of goods under certain circumstances 16.
Where delay in delivery of the consignment occurs under any of the circumstances mentioned in the Explanation to sub – section (1) of section 13, or any consequential loss or damage arises from such delay, then the liability of the multimodal transport operator shall be limited to the freight payable for the consignment so delayed.
Assessment of compensation 17.
Assessment of compensation for loss of, or damage to, the consignment shall be made with reference to the value of such consignment at the place where, and time on which, such consignment is delivered to the consignee or at the place and time when, in accordance with the multimodal transport contract, it should have been delivered.
The value of the consignment shall be determined according to the current commodity exchange price, or, if there is not such price, according to the current market price, or if the current market price is not ascertainable, with reference to the normal value of consignment of the same kind and quantity.
Loss of right multimodal transport operator to limit liability 18.
The multimodal transport operator shall not be entitled to the benefit of the limitation of liability under any of the provisions of this chapter if it is provided that the loss, damage or delay in delivery of consignment resulted from act or omission of the multimodal transport operator with intent to cause such loss, damage or delay would probably result.
Limit of liability of multimodal transport operator for total loss of goods 19.
The multimodal transport operator shall not, in any case, be liable for an amount greater than the liability for total loss of goods for which a person will be entitled to make a claim against him under the provisions of this Act.
Notice of loss or damage to goods 20.
The delivery of the consignment to the consignee by the multimodal transport operator shall be treated as prima facie evidence of delivery of the goods as described in the multimodal transport document unless notice of the general nature of loss of, or damage to, the goods is given in writing, by the consignee to the multimodal transport operator at the time of handling over of the goods to the consignee.
Where the loss or damage is not apparent, the provisions of sub – section (1) shall apply unless notice in writing is given by the consignee of the loss of, or damage to the goods within six consecutive days after the day when the goods were handed over to the consignee.