AIR INDIA Vs. ASIA TANNING CO

JUDGEMENT

(1.) The appellant is a carrier to whom finished leather was entrusted by the respondent/plaintiff for carriage by air under an air waybill dated 23.02.1979 for being delivered to the consignee who was at Boston. The Cargo reached New York on 25.03.1979. From New York to Boston, the goods were carried by another Airline, Delta Airlines. But that was pursuant to an arrangement between the appellant and that Airline. The cargo reached Boston on 25/26.03.1979. There is no dispute about the fact that the goods landed safely and that the goods had not suffered any damage. The suit was filed in June 1981 after the expiry of the period of two years from the date of arrival of the goods at the destination.

(2.) The suit by the plaintiff as against the appellant and the consignee was on the ground that the goods ought not to have been delivered to the consignee without insisting on the production of the original air waybill and other documents, which had been sent by the plaintiff to it's bankers for being delivered to the consignee after collecting the value of the goods. The consignee had taken delivery of the goods without producing the original air waybill and without making the payment to the plaintiff's bank. According to the plaintiff the consignee had claimed damages for non delivery of a further quantity of 45,000 sq. ft. of finished leather.

(3.) The appellant denied it's liability but stated that there had been some negligence on the part of the other carrier in having delivered the goods without insisting upon the original air waybill. It also took the stand that the suit was filed beyond the period of limitation prescribed in Rule 30 of the Second Schedule to the Carriage by Air Act, 1972. The trial Court held that the appellant was liable but dismissed the suit on the ground of limitation.