| Case ID |
40ffb2e2-7e2d-4f4a-8075-528973efd3bf |
| Body |
View case body. Login to View |
| Case Number |
Suit No. 811 of 2007 |
| Decision Date |
Oct 27, 2014 |
| Hearing Date |
Oct 23, 2014 |
| Decision |
The court concluded that the defendant No. 4, China Shipping Container Lines (CSCL) Company Limited, was not liable for the incident leading to the death of the occupants of the toppled container. The defendant's responsibility ceased once the container was delivered to the consignee or their agents. The court found no negligence on the part of the carrier, as the loading and packaging were handled entirely by the consignor. Consequently, the application to strike off the defendant from the plaint was allowed, affirming that the carrier had no connection with the incident after the cargo was discharged in a safe condition. |
| Summary |
This case revolves around the liability of a shipping carrier in an unfortunate incident where a container toppled off a trailer, leading to fatalities. The Sindh High Court examined the responsibilities of the carrier under the Civil Procedure Code, specifically focusing on Order I, Rule 10. The court emphasized that the carrier's liability terminates once the goods are delivered to the consignee. The defense argued that the consignees mishandled the container after it was safely delivered, thus absolving the carrier of negligence. This ruling sets a significant precedent regarding the responsibilities of carriers and the implications of cargo handling, particularly in maritime law. Keywords include shipping liability, carrier negligence, Civil Procedure Code, and maritime law. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
SYED SAEEDUDDIN NASIR, J
|
| Lawyers |
Farrukh Usman,
R.F. Virji,
Irfan Hassan,
Ms. Naheed Naz
|
| Petitioners |
5 others,
AHMED PAREKH
|
| Respondents |
5 others,
PROVINCE OF SINDH through Chief Secretary,
Secretary, Home Department
|
| Citations |
2015 SLD 502,
2015 PLD 221
|
| Other Citations |
PLD 1975 Kar. 647,
AIR 2009 Bom. 185,
1986 MLD 1433,
2006 MLD 1194,
2004 SCMR 1627,
2005 YLR 200,
2005 MLD 1409
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
O.I,R.10
|