The liability of a common carrier of goods under the Carriers Act, 1865

Liabilities of a Common Carrier

The liability of a common carrier of goods is laid down in the Carriers Act, 1865. For this purpose, the Act has classified the goods into two categories:

1.      Scheduled goods and

2.      Non-scheduled goods.

The scheduled goods are those which are mentioned in a Schedule to the Act. They are valuable articles like gold, silver, precious stones, bills and hundis, currency and bank notes, musical and scientific instruments etc. All other goods are non-scheduled.

Rules regarding liability of a common carrier:

1.      The carrier is liable for loss and damage if the value of the scheduled articles is exceeding TK. 100. The following conditions must be fulfilled:

a.      If the value and the description of the goods are disclosed by the    consignor to the carrier.

b.      If the loss or damage is due to a criminal act of the carrier or his agent or servant.

2.      The carrier can charge extra for carrying scheduled articles, but he cannot limit his statutory liability by any special agreement.

3.      As regards non-scheduled articles, a common carrier can limit his liability by special agreement with the consignor.

4.      In case of loss or damage, the claimant must notify the carrier within six months of the date of knowledge of the loss or damage.

5.      The common carrier is liable for loss or damage caused by negligence or criminal act done by himself or his agent or servant.

6.      The above rules apply only to Common carrier as defined by the Common Carriers Act, 1865. Thus they do not apply to carrier of passengers or to railway.