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CARRIAGE OF GOODS BY AIR

The Carriage by Air Act, 1972 governs the carriage of goods by air. The provisions of this Act apply to domestic flights in the same manner, as they are applicable to international flights carrying cargo.

The various documents relating to carriage by air are briefly described hereunder.

PASSENGER TICKET

The Passenger Ticket issued by a carrier must show (I) the place and date of issue, (II) places of departure and destination, (III) the agreed stopping place, (IV) the name and address of the carrier, and (V) the statement that the carriage is subject to the liabilities mentioned therein. The absence or loss of passenger ticket does not affect the validity of the contract of carriage, but if the carrier accepts a passenger without a ticket, he cannot enjoy the benefit of limiting his liability.

BAGGAGE CHECK

For the carriage of baggage, the baggage check, made out in duplicate must contain the following particulars:

1. The place and date of issues
2. Places of departure and destination,
3. Name and address of the carrier or carriers,
4. The number of passenger tickets,
5. A statement that the baggage will be delivered to the bearer of baggage check,
6. The number and weight of the package,
7. The amount of the value declared in accordance with Rule 22 (2), and
8. A statement that the carriage is subject to rules relating to liability stated therein.

If the baggage check does not contain the particulars set out in (d), (f) and (h) above, the carrier shall not be entitled to the benefit of rules limiting liability.

AIR WAY BILL

This is a document handed over by the consignor to the carrier along with the goods. The Air Way Bill is prepared in triplicate, the first copy being for the carrier, the second which must accompany the goods, is for the consignee and the third is to be retained by the consignor, after the carrier has signed it in token of acceptance of goods.

The Air Way Bill must contain the specified particulars for the correctness of which the consignor is responsible and he will be liable for all damages suffered due to the incompleteness of the particulars. The Air Way Bill is the prima facie evidence of the conclusion of contract of carriage, of the receipt of goods as well s the statement relating to the weight, dimensions, packing of the goods and the number of package.

Limitation of Carrier's Liability

In India the liability of internal or domestic carriers (e.g. Indian Airlines) for passengers and their baggage has been fixed as follows:

1. In the case of passengers 2,50,000/- francs* per passenger ;
2. For registered baggage and cargo 250* francs per kilogram, and
3. For articles in the charge of the passenger himself 5000* francs per passenger.

*As per international regulations and for the purpose of ascertaining liability the prevailing exchange rate is used by courts.

A carrier cannot reduce his liability but may undertake a higher liability by a special agreement. In the case of damage, the person entitled to delivery must complain to the career forthwith after discover of damage and at the latest within 3 days from the date of receipt of luggage. In case of delay in delivery of goods the complaint must be lodged within 14 days from the date on which the goods have been actually delivered.