Liability of common carrier
Section 10 of the Carriage by Road Act, 2007 deals with liability of common carrier. The liability of the common carrier for loss of, or damage to any consignment, shall be limited to such amount as may be prescribed having regard to the value, freight and nature of goods, documents or articles of the consignment, unless the consignor or any person duly authorised in that behalf hav The Act came into force on 20 Jul 2010.
(1) The liability of the common carrier for loss of, or damage to any consignment, shall be limited to such amount as may be prescribed having regard to the value, freight and nature of goods, documents or articles of the consignment, unless the consignor or any person duly authorised in that behalf have expressly undertaken to pay higher risk rate fixed by the common carrier under section 11.
(2) The liability of the common carrier in case of any delay up to such period as may be mutually agreed upon by and between the consignor and the common carrier and specifically provided in the goods forwarding note including the consequential loss or damage to such consignment shall be limited to the amount of freight charges where such loss, damage or delay took place while the consignment was under the charge of such carrier:
Provided that beyond the period so agreed upon in the goods forwarding note, compensation shall be payable in accordance with sub-section (1) or section 11:
Provided further that the common carrier shall not be liable if such carrier proves that such loss of, or damage to, the consignment or delay in delivery thereof, had not taken place due to his fault or neglect or that of his servants or agents thereof.
Section 10, The Carriage by Road Act, 2007 (Act 41 of 2007).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Referred to by 2
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Amrit Transport Company v. Oriental Insurance Company Ltd.
Court's Decision & Legal Precedent
In insurer's recovery suit against goods transporter for looted consignment loss, Rajasthan HC held Carriage by Road Act regulates common-carrier liability and that a claim voucher/bill cannot substitute the mandatory pre-suit written notice under s.16 (Essemm Logistics followed for loss-of-consignment claims). Suit rejected under O7R11 for want of s.16 notice; plaintiff may sue afresh after notice.
On this section: s.10 Liability of common carrier — loss-of-consignment recovery against common carrier is the liability claim that triggers the Act's notice precondition; court situates s.16 within the Act's liability framework for common carriers
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 10
What have the courts held on Section 10 of the Carriage by Road Act?
Amrit Transport Company v. Oriental Insurance Company Ltd. (16 Dec 2024) is the leading judgment on this section among those set out below: s.10 Liability of common carrier — loss-of-consignment recovery against common carrier is the liability claim that triggers the Act's notice precondition; court situates s.16 within the Act's liability framework for common carriers.
How do I find court cases under Section 10 of the Carriage by Road Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Carriage by Road Act 10, section 10 Carriage by Road Act, section 10 of the Carriage by Road Act. People searching for it also type section 10 of carriage by road act 2007. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Amrit Transport Company v. Oriental Insurance Company Ltd. (16 Dec 2024).
What should I read with Section 10 of the Carriage by Road Act, and has it changed?
Its own text turns on section 11 (Rates of charge to be fixed by common carrier for carriage of consignment at a higher risk rate), so none of them can safely be read on its own. 2 other provisions in this corpus refer back to it.
When did Section 10 of the Carriage by Road Act come into force?
Section 10 of the Carriage by Road Act, cited as Carriage by Road Act 10, came into force on 20 Jul 2010, having been enacted on 29 Sep 2007. It is in force as at the date shown on this page.
Other sections of this Act
- 4. Application for grant or renewal of registration740 words
- 5. Suspension or cancellation of registration618 words
- 20. Power to make rules492 words
- 15. Right of common carrier in case of consignee’s default316 words
- 2. Definitions306 words
- 12. Conditions limiting exonerating the liability of the common carrier267 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.