M/s transport corporation of india ltd v New India insurance company ltd
AIR2014(NOC)605 MP
Dated;20-2-2014
Carriers Act 1865 S 9-carriers liability - suit for damages-Goods were booked by consignor/company for transportation with common carrier,which were damaged due to accident -suit for recovery of money filed by insurer after payment of damages to company-No Evidence adduced by carrier to prove exception to avoid liability-driver of truck not called in witness box to prove his defence discharging statutory presumption U/S 9 of Act-decree passed in favour of insurer for recovery of money from carrier proper.
Territorial jurisdiction -suit for damages against common carrier-carrier having office at mandsaur wherefrom consignment was booked-consignor /company situated at mandsaur where from booking of transportation of goods was done-Said goods booked were damaged while transported 'en route'- Mere unilateral mention regarding territorial jurisdiction of secunderabad cout on builty,which was not signed by consignor/company would not oust jurisdiction of mandsaur court to entertain suit
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AIR2014(NOC)605 MP
Dated;20-2-2014
Carriers Act 1865 S 9-carriers liability - suit for damages-Goods were booked by consignor/company for transportation with common carrier,which were damaged due to accident -suit for recovery of money filed by insurer after payment of damages to company-No Evidence adduced by carrier to prove exception to avoid liability-driver of truck not called in witness box to prove his defence discharging statutory presumption U/S 9 of Act-decree passed in favour of insurer for recovery of money from carrier proper.
Territorial jurisdiction -suit for damages against common carrier-carrier having office at mandsaur wherefrom consignment was booked-consignor /company situated at mandsaur where from booking of transportation of goods was done-Said goods booked were damaged while transported 'en route'- Mere unilateral mention regarding territorial jurisdiction of secunderabad cout on builty,which was not signed by consignor/company would not oust jurisdiction of mandsaur court to entertain suit
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