Holding that a carrier cannot be given benefit of limited liability when it is guilty of wilful misconduct like loss of goods, the Delhi High Court told the Jet Airways to be “responsible litigants” after it engaged in extended litigation despite being held guilty of misappropriation of goods.
“...Notable corporations such as M/s Jet Airways...must not only be responsible litigants, but in fact must ensure that there is no frivolous litigation especially when as a carrier of goods, the goods are lost by the appellant through its agent carrier to whom the goods were handed over,” Justice Valmiki Mehta said.
The court was hearing an appeal filed by M/s Jet Airways (India) Ltd. against a decree of Rs.2.57 lakh with 12 per cent interest granted to M/s Dhanuka Laboratories, whose consignment was lost by the airlines and its agent.
The airline claimed it only had limited liability as per Rule 22 of the Carriage by Air Act.
13/10/16 Akanksha Jain/The Hindu
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“...Notable corporations such as M/s Jet Airways...must not only be responsible litigants, but in fact must ensure that there is no frivolous litigation especially when as a carrier of goods, the goods are lost by the appellant through its agent carrier to whom the goods were handed over,” Justice Valmiki Mehta said.
The court was hearing an appeal filed by M/s Jet Airways (India) Ltd. against a decree of Rs.2.57 lakh with 12 per cent interest granted to M/s Dhanuka Laboratories, whose consignment was lost by the airlines and its agent.
The airline claimed it only had limited liability as per Rule 22 of the Carriage by Air Act.
13/10/16 Akanksha Jain/The Hindu
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