LAW FOR ALL

Rule 30 of schedule II of Rules framed under Carriage by Air Act, 1972, and sec. 3,14, and sec. 29 of Indian Limitation Act - Limitation mentioned in special enactment prevails over the general limitation Act -Cargo damaged in transit - Cargo arrived on 17.10.1996 - all bags in cargo in a damaged and wet condition- on 2-1-1997 a notice of loss was sent - independent surveyor appointed as the loss was took place in the custody of first defendant -The consignment was insured with the second plaintiff. As per the terms and conditions of the Policy, the second plaintiff processed the claim of the first plaintiff and paid a sum of Rs.2,67,433/- for which the first plaintiff also executed a letter of Subrogation and Special Power of Attorney in favour of the second plaintiff - filed OP in Consumer forum - Forum dismissed the same - Civil suit filed - barred by limitation - their Lordships of High court held that as per Rule 30 of the Schedule II of Carriage by Air Act, 1972, the right to damages shall be extinguished if an action is not brought within two years from the date of arrival of the aircraft - since it is an special law , general law of limitation not applies - so the time consumed in wrong forum does not save the limitation and as such confirmed the dismissal orders of Trial court and set aside the appellant court