STATE OF KERALA Vs. MALABAR STEAMSHIP CO LTD

JUDGEMENT

(1.) This case turns on the true construction of the third clause of Para.6 of Article III of the Schedule to the Indian Carriage of Goods by Sea Act, 1925, hereinafter referred to as the Clause. The Clause says:

(2.) With respect we take the view that the Clause provides only one starting point in respect of each of the two causes of action, the date when the goods should have been delivered in the case of loss, and the delivery of the goods in the case of damage. To arrive at its true meaning the Clause has to be read reddendo singula singulis, and, when so read, what it says is,

(3.) Even in a case of short delivery as distinguished from an entire failure to deliver, the claim is in respect of the lost goods, and, ex hypothesi, so far as those goods are concerned there has been no delivery so as to attract the words, "the delivery of the goods" occurring in the Clause; and so only the second of the two starting points, namely, " the date when the goods should have been delivered" can be attracted. That some of the goods, not the lost goods (although forming part of the same consignment as the lost goods) have been delivered is irrelevant. The claim is in respect of the lost goods and not in respect of those other goods. The words, "the goods" appearing in the Clause obviously refer to the goods in respect of which claim is made, and, as we have already said, so far as the lost goods are concerned ex hypothesi there is no delivery of those goods.