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Carriers Act, 1865

ACT NO.3 OF 1865

Sections Particulars
1 Short title
2 Interpretation-clause
3 Carriers not to be liable for loss of certain goods above one hundred rupees in value unless delivered as such.
4 For carrying such property payment may be required at rates fixed by carrier
5 The person entitled to recover in respect of property lost or damaged may also recover money paid for its carriage
6 In respect of what property liability of carrier not limited or affected by public notice. Carriers, with certain exceptions, may limit liability by special contract
7 (So far as it relates to railways) has been the Indian Railways Act, 1890 (9 of 1890) s.72.
8 Common carrier liable for loss or damage caused by neglect or fraud of himself or his agent
9 Plaintiffs, in suits for loss, damage, or non-delivery, not required to prove negligence or criminal act

[AS ON 1956]


WHEREAS it is expedient not only to enable common carriers to limit their liability for loss of or damage to property delivered to them to be carried but also to declare their liability for loss of or damage to such property occasioned by the negligence or criminal acts of themselves, their servants or agents; It is enacted as follows:-

Comment: The object of the Act was not only to limit the liability of the carriers, but also to declare the liability if the carriers any contract of bargain which seeks to defeat the liability of the carriers as enacted by law would defeat the provisions of the Act. M/s. M.G. Brothers Lorry Service v. M/s. Prasad Textiles AIR 1984 SUPREME COURT 15

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