Section 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;
(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.
Notes:
1. Subs. by Act 44 of 2000, s. 7, for the second proviso (w.e.f. 5-12-2000).