M. G. BROTHERS LORRY SERVICE versus PRASAD TEXTILES

M. G. BROTHERS LORRY SERVICE versus PRASAD TEXTILES

Condition-15 of the Way Bill, which required written claim within 30 days from booking or arrival at destination as a precondition to suit, is void because it defeats section 10 of the Carriers Act as per section 23 of the Indian Contract Act; the statutory limitation in section 10 cannot be curtailed by private...

Source-derived case information.

Parties
Appellant: M. G. Brothers Lorry Service; Respondent: Prasad Textiles
Jurisdiction
India
Judgment Date
28 April 1983
Procedural Posture
Civil Appeal / Final Judgment on Appeal by Special Leave From High Court
Outcome
Appeal dismissed
Legal Topics
Carriers Act, Contract Limitation of Liability, Special Limitation Periods, Consumer Claims Against Carriers, Validity of Contractual Conditions
Contract Law Transport Law Carriers Act Contract Limitation of Liability Special Limitation Periods Consumer Claims Against Carriers Validity of Contractual Conditions

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Parties

M. G. Brothers Lorry Service

Appellant

Prasad Textiles

Respondent

Procedural Posture

Civil Appeal / Final Judgment on Appeal by Special Leave From High Court

Legal Issues

  1. 1 Whether Condition-15 of the Way Bill is contrary to section 10 of the Carriers Act, 1865 and void under section 23 of the Indian Contract Act, 1872

Ratio Decidendi

Condition-15 of the Way Bill, which required written claim within 30 days from booking or arrival at destination as a precondition to suit, is void because it defeats section 10 of the Carriers Act as per section 23 of the Indian Contract Act; the statutory limitation in section 10 cannot be curtailed by private contracts unless the parties expressly limit liability under section 6 of the Carriers Act.

Court Disposition

Appeal dismissed

Orders

  • Decision of the learned Single Judge of the Andhra Pradesh High Court is upheld.
  • Appellant is to pay costs.