Supreme Court of India
M/s. Economic Transport Organisation Etc. v. Dharwad Distt. Khadi Gramudyog Sangh Etc.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
What the Court ordered
We are of the view that the liability of the common carriers is that of B the insurer.
Judgment, page 2
From the headnote
Consumers Protection Act, 1986 : Section 4( 1 )( d). Consumer Fora-Case before-Applicability of section 9 of the Carriers Act, 1865. Carriers Act, 1865 : Section 9. Common carrier-Negligence of-Loss suffered on account of-Com . plaint before Consumer Forum-Burden of proof-Held section 9 of Carriers . Act is applicable to cases before Consumer Fora-Section 9 incorporates principle of Common Law relating to burden of proof-Section 14(1)(d) of Consumers Protection Act has to be interpreted in that light-Complainant before a Consumer Forum has to discharge initial burden-But onus to prove
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