VidhiSangh

Supreme Court of India · 09/11/2023

M/S. RAJASTHAN ART EMPORIUM versus KUWAIT AIRWAYS & ANR.

[2023] 14 S.C.R. 283 · 2023 INSC 996

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Summary

The Supreme Court upheld compensation for negligent delay in air delivery of handicraft consignments. The carrier was bound by its agent’s delivery commitment on the admitted agency relationship, but the exporter could not claim more for business and reputation loss than the Rs.20 lakh sought in its complaint. Both cross-appeals were dismissed and the NCDRC award left intact.

Issues

  1. Whether the carrier was liable for missing the delivery schedule supplied by its booking agent.
  2. Whether compensation could exceed the amount specifically claimed for loss of business and reputation.

Provisions considered

Held

Result

Both civil appeals dismissed. NCDRC award upheld, including the Rs.20 lakh compensation limit with interest and the additional award recorded in its order. Parties to bear their own costs; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2023] 14 S.C.R. 283.