TEJ SHOE EXPORTERS P LTD Vs. AIR INDIA

JUDGEMENT

(1.) FOLLOWING 9 issues require adjudication :-

(2.) PLAINTIFF is an exporter. Harnam Singh is stated to be its director. Plaint has been filed under authority of Shri Harnam Singh who has signed and verified the pleadings. Defendants are airlines, who, amongst others, are engaged in the business of transporting consignments by air.

(3.) ADMITTED case of the parties is that plaintiff hired services of defendant No. 1 to carry leather uppers to West Germany under airway bill no. 09857645545 dated 21. 8. 1990. Said airway bill constitutes the contract between the parties. Notifying party was Sparkassenaila Bank in West germany. Goods were to be delivered at Nuremburg. First defendant carried the goods to Frankfurt and thereafter entrusted the same to defendant No. 2 for being air lifted to Nuremburg. Defendant No. 2 informed that the consignment had been delivered at Nuremburg on 30. 8. 1990. The delivery of consignment was not as per the airway bill. Consignment was delivered to the consignee without notifying the banker named. Since goods were not paid for, a claim was raised. Defendant No. 1, acknowledged wrong delivery of goods and offered to settle the claim by paying @us$ 20 per kg. Declared weight of shipment being 1989 kgs, US$ 39,780 were offered.