SUDHIR DESHPANDE Vs. ELBEE SERVICES LTD

JUDGEMENT

(1.) THE fact of the case as submitted by the petitioner and not controverted by the opposite party are that M/s. Elbee Services Ltd., the opposite party were entrusted to deliver two packs of maquette's and one envelope containing documents as an entry to the Hakone Open-Air Museum, Tokyo for qualification to the 7th Henry Moore Grand Prize exhibition of abstract sculptures, on 11.12.1990. As per their commitment the consignment would be delivered by 14.12.1990, and a sum of Rs. 2,991 /- was paid as freight charges.

(2.) THIS consignment did not reach the assigned destination in the time and therefore, the petitioner has claimed loss to the tune of US $ 3,00,000. He has classified this claim under the following heads:

(3.) IN their reply the opposite party disclaims their liability for the loss beyond US $ 100, as stated on the Air Way Bill. They quote "unless a greater value is declared in writing in the space provided on this way bill the shipper declares and agrees that the releaseds value of this shipment covered by the way bill is U.S. $.100 or the equivalent in local currency. The Rules relating to liability establishment by the Warsaw Convention and any amendments thereto shall apply insofar as the same is governed thereby. In addition the maximum value per package and the maximum U.P.S. liability per package are U.S. $.25,000 unless limited in the U.P.S. international reference guide. The shipper agrees to the terms and conditions set forth on the reverse side of the way bill." The opposite party states that by signing the way bill the complainant has agreed to the aforesaid and other conditions of the contract and is therefore, bound by the same. The opposite party submits that as the complainant has not declared any higher value of the consignments, the liability of the opposite party is limited to U.S. $ 100 only. They also put up the plea that "circumstances were beyound their control" as the consignment was held up in the Quarantine at Japan, and it was not being cleared by the consignee in Tokyo by paying the quarantine fee.