Law: Carriage of Goods by Sea Act (XXV1 of 1925)

Section:

P L D 1957 (W. P.) Karachi 97       Carriage of Goods by Sea Act (X XVI of 1925), S. 2, Schedule, Rules, Art. III, Para 8 and Art. IV para. 5-Clause in bill of lading contravening para. 8-Null and void.   Held, that a bill of lading providing a lesser measure of liability for the shipping company, in respect of loss of goods, than the one provided by para. 5 of Art IV and para. 8, Art. III of the Rules embodied in the Schedule to the Carriage of Goods by Sea Act (XXVI of 1925), in accordance with section 2 is null and void.           JUDGMENT   CONSTANTINE, J.---The appellant sued the defendant shipping Company for the' value of 10 drums of eaustic soda which the Shipping Company had failed to deliver to him. It is common ground that the appellant was the consignor of 400 bags of turmeric, 150 bags of soda-ash, 260 bags groundnut, 32 bags cardamum and 10 drums caustic soda by the steamship S. S. Virginia May of the respondents sailing on the 10th of February 1948 from Bombay to Karachi. A bill of lading Exh. 6 was issued the same day and the appellants were also the consignees. All the goods were delivered except the 10 drums of caustic soda, hence the suit.   At the trial the learned judge decreed the suit to the extent of Rs. 2,500 because the bill of lading in clause 9 contained the following words:   "The company will not be accountable for gold, silver, bullion, specie, jewellery, precious stones, precious metal, plated ware, documents works of art, watches, silk or other precious or valuable articles in any respect or for goods of any description whatever beyond a value of five hundred rupees per freight ton, and relatively for any portion thereof, or beyond the amount of two hundred and fifty rupees for any one package, and relatively for any portion thereof, unless a declaration of the value of such goods has been made prior to shipment, and a special written Shipping Order of Advice Note granted for same and unless the Bill of lading be signed for such goods and the value declared therein."   It is common ground that the value of the drums exceeded the valuation mentioned in…