M/S. ECONOMIC TRANSPORT ORGANISATION ETC. versus DHARWAD DISTT. KHADI GRAMUDYOG SANGH ETC.

M/S. ECONOMIC TRANSPORT ORGANISATION ETC. versus DHARWAD DISTT. KHADI GRAMUDYOG SANGH ETC.

Section 9 of the Carriers Act, 1865, and its burden of proof provisions, are applicable to matters before the Consumer Fora under the Consumer Protection Act, and therefore the burden shifts to the carrier to prove absence of negligence.

Parties
Petitioner: MIS. ECONOMIC TRANSPORT ORGANISATION ETC.; Respondent: DHARWAD DISTT. KHADI GRAMUDYOG SANGH ETC.
Jurisdiction
India
Judgment Date
31 March 2000
Procedural Posture
Petition for Special Leave to Appeal / Dismissal of Special Leave Petitions
Outcome
Petitions dismissed
Legal Topics
Burden of Proof, Negligence, Common Carrier Liability, Applicability of Carriers Act to Consumer Fora
Consumer Protection Transport Law Burden of Proof Negligence Common Carrier Liability Applicability of Carriers Act to Consumer Fora

Case Brief

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Parties

MIS. ECONOMIC TRANSPORT ORGANISATION ETC.

Petitioner

DHARWAD DISTT. KHADI GRAMUDYOG SANGH ETC.

Respondent

Procedural Posture

Petition for Special Leave to Appeal / Dismissal of Special Leave Petitions

Legal Issues

  1. 1 Applicability of Section 9 of Carriers Act, 1865 in Consumer Forum proceedings
  2. 2 Burden of proof for loss suffered due to negligence of common carrier

Ratio Decidendi

Section 9 of the Carriers Act, 1865, and its burden of proof provisions, are applicable to matters before the Consumer Fora under the Consumer Protection Act, and therefore the burden shifts to the carrier to prove absence of negligence.

Court Disposition

Petitions dismissed

Orders

  • Special Leave Petitions are dismissed following Patel Roadways judgment.