https://www.taxtmi.com/caselaws?id=188986 The Supreme Court held that Section 9 of the Carriers Act, 1865 applies to proceedings under the Consumer Protection Act, 1986. The liability of common carriers in India is that of an insurer, not dependent on proving negligence. The burden of proof for negligence lies on the carrier. The term "suit" in Section 9 encompasses all proceedings for the realization of a right. Mitigating factors were rejected, affirming the National Commission's decision to award damages. The appeal was dismissed, upholding the order for the appellant to pay damages and refund freight charges. en-us Tue, 28 Mar 2000 00:00:00 +0530 Thu, 22 Dec 2016 15:55:32 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=188986 The Supreme Court held that Section 9 of the Carriers Act, 1865 applies to proceedings under the Consumer Protection Act, 1986. The liability of common carriers in India is that of an insurer, not dependent on proving negligence. The burden of proof for negligence lies on the carrier. The term "suit" in Section 9 encompasses all proceedings for the realization of a right. Mitigating factors were rejected, affirming the National Commission's decision to award damages. The appeal was dismissed, upholding the order for the appellant to pay damages and refund freight charges. Case-Laws Indian Laws Tue, 28 Mar 2000 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=188986