PROFESSIONAL COURIERS Vs. S P SUBBU

JUDGEMENT

(1.) There are no reasons to accept this appeal. Before the lower Forum, the opposite party viz. , the appellant herein did not appear nor contest the matter and set ex parte. The only contention raised by the learned Counsel for the appellant is that in view of the decision of the Supreme Court reported in 1996 (5) Supreme 439, the liability of the carrier is limited and, therefore, the lower Forum erred in passing an award. In our opinion, the said decision will not apply for the reason that such a stand has not been taken before the lower Forum. Moreover, there is no contract between the parties to the effect that the liability is limited. The consignor's note produced does not show that it has been signed and the conditions have been accepted by the consignor. What was consigned was a demand draft for Rs.25,000/- which did not reach the addressee. Therefore, in such circumstances, we do note see any reason to disturb the finding of the lower Forum.

(2.) Consequently, this appeal is dismissed with cost of Rs.150/- confirming the order passed by the lower Forum. Time for payment: Two months. Appeal dismissed.