13. Basis of liability of multimodal transport operator.—(1) The multimodal transport operator
shall be liable for loss resulting from—
(a) any loss of, or damage to, the consignment;
1. Subs. by Act 44 of 2000, s. 6, for clause (h) (w.e.f. 5-12-2000).
2. Subs. by s. 6, ibid., for clause (k) (w.e.f. 5-12-2000).
3. Ins. by s. 6, ibid. (w.e.f5-12-2000).
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(b) delay in delivery of the consignment and any consequential loss or damage arising from such
delay,
where such loss, damage or delay in delivery took place while the consignment was in his charge:
Provided that the multimodal transport operator shall not be liable if he proves that no fault or neglect
on his part or that of his servants or agents had caused or contributed to such loss, damage or delay in
delivery:
1
[Provided further that the multimodal transport operator shall not be liable for loss or damage arising
out of delay in delivery including any consequential loss or damage arising from such delay unless the
consignor had made a declaration of interest in timely delivery which has been accepted by the
multimodal transport operator.]
Explanation.—For the purposes of this sub-section, “delay in delivery” shall be deemed to occur
when the consignment has not been delivered within the time expressly agreed upon or, in the absence of
such agreement, within a reasonable time required by a diligent multimodal transport operator, having
regard to the circumstances of the case, to effect the delivery of the consignment.
(2) If the consignment has not been delivered within ninety consecutive days following the date of
delivery expressly agreed upon or the reasonable time referred to in the Explanation to sub-section (1),
the claimant may treat the consignment as lost.
14. Limits of liability when the nature and value of the consignment have not been declared and
stage of transport where loss or damage occurred is not known.—(1) Where a multimodal transport
operator becomes liable for any loss of, or damage to, any consignment, the nature and value whereof
have not been declared by the consignor before such consignment has been taken in charge by the
multimodal transport operator and the stage of transport at which such loss or damage occurred is not
known, then the liability of the multimodal transport operator to pay compensation shall not exceed two
Special Drawing Rights per kilogram of the gross weight of the consignment lost or damaged or 666.67
Special Drawing Rights per package or unit lost or damaged, whichever is higher.
2
[Explanation.—For the purpose of this sub-section, where a container, pallet or similar article is
stuffed with more than one package or units, the packages or units enumerated in the multimodal
transport document, as packed in such container, pallet or similar article of transport shall be deemed as
packages or units.]
(2) Notwithstanding anything contained in sub-section (1), if the multimodal transportation does not,
according to the multimodal transport contract, include carriage of goods by sea or by inland waterways,
the liability of the multimodal transport operator shall be limited to an amount not exceeding 8.33 Special
Drawing Rights per kilogram of the gross weight of the goods lost or damaged.
15. Limits of liability when the nature and value of the consignment have not been declared and
stage of transport where loss or damage occurred is known.—Where a multimodal transport operator
becomes liable for any loss of, or damage to, any consignment, the nature and value whereof have not
been declared by the consignor before such consignment has been taken in charge by the multimodal
transport operator and the stage of transport at which such loss or damage occurred is known, then the
limit of the liability of the multimodal transport operator for such loss or damage shall be determined in
accordance with the provisions of the relevant law applicable in relation to the mode of transport during
the course of which the loss or damage occurred and any stipulation in the multimodal transport contract
to the contrary shall be void and unenforceable:
3
[Provided that the multimodal transport operator shall not be liable for any loss, damage or delay in
delivery due to a cause for which the carrier is exempted from liability in accordance with the applicable
law.]
1. Subs. by Act 44 of 2000, s. 7, for the second proviso (w.e.f. 5-12-2000).
2. Subs. by s. 8, ibid.,forthe Explanation(w.e.f. 5-12-2000).
3. Ins. by s. 9, ibid. (w.e.f. 5-12-2000).
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16. Liability of the multimodal transport operator in case of delay in delivery of goods under
certain circumstances.—Where delay in delivery of the consignment occurs under any of the
circumstances mentioned in the Explanation to sub-section (1) of section 13, or any consequential loss or
damage arises from such delay, then the liability of the multimodal transport operator shall be limited to
the freight payable for the consignment so delayed.
17. Assessment of compensation.—(1) Assessment of compensation for loss of, or damage to, the
consignment shall be made with reference to the value of such consignment at the place where, and the
time at which, such consignment is delivered to the consignee or at the place and time when, in
accordance with the multimodal transport contract, it should have been delivered.
(2) The value of the consignment shall be determined according to the current commodity exchange
price, or, if there is no such price, according to the current market price, or, if the current market price is
not ascertainable, with reference to the normal value of a consignment of the same kind and quantity.
18. Loss of right of multimodal transport operator to limit liability.—The multimodal transport
operator shall not be entitled to the benefit of limitation of liability under any of the provisions of this
Chapter if it is proved that the loss, damage or delay in delivery of consignment resulted from an act or
omission of the multimodal transport operator with intent to cause such loss, damage or delay or
recklessly and with knowledge that such loss, damage or delay would probably result.
19. Limit of liability of multimodal transport operator for total loss of goods.—The multimodal
transport operator shall not, in any case, be liable for an amount greater than the liability for total loss of
goods for which a person will be entitled to make a claim against him under the provisions of this Act.
20. Notice of loss of or damage to goods.—(1) The delivery of the consignment to the consignee by
the multimodal transport operator shall be treated as prima facie evidence of delivery of the goods as
described in the multimodal transport document unless notice of the general nature of loss of, or damage
to, the goods is given, in writing, by the consignee to the multimodal transport operator at the time of
handing over of the goods to the consignee.
(2) Where the loss or damage is not apparent, the provisions of sub-section (1) shall apply unless
notice in writing is given by the consignee of the loss of, or damage to, the goods within six consecutive
days after the day when the goods were handed over to the consignee.
1
[20A. Period of responsibility.—The responsibility of the multimodal transport operator for the
goods under this Act shall cover the period from the time he has taken the goods in his charge to the time
of their delivery.]