102/2014 Suit M/s. Sassi International. (Plaintiff) V/S M/s. Oman Air Lines & Others. (Defendant)

102/2014 Suit M/s. Sassi International. (Plaintiff) V/S M/s. Oman Air Lines & Others. (Defendant) Sindh High Court

Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author) Order Date: 28-SEP-16

The airway bill in terms of Rule 11 prima facie is evidence of the conclusion of contract, of the receipt of the goods and of the conditions of carriage. Rule 13 to me is relevant and crucial as far as the facts of the case in hand are concerned. It provides that consignee is entitled on the arrival of goods at the place of destination, to require the carrier to hand over to him the airway bill and to deliver the goods to him, on payment of the charges due and on complying with the conditions of carriage set out in the airway bill. Chapter-3 of the Rules relates to the liability of the carrier. Rule 18 is also very relevant as far as the facts of the instant case are concerned. It provides that the carrier is liable for damage sustained in the event of the destruction or loss or damage to any registered luggage or any goods if the occurrence which caused the damage so sustained took place during the carriage by air. Rule 24 provides that the cases covered by Rules 18 and 19 the action for damages may be brought, however subject to the conditions and limits set out in this schedule hence reliance is placed on Rule 29 which provides a period of two years from the occurrence of causes. The causes set out in the plaint are beyond the scope of Rule 29 as relied upon by the defendant. The last airway bill provides date of flight as 31.8.2011 and perhaps the expected date of delivery could be within the following 2/3 days