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R The carriage by Air Act, 1934, now stands repealed by the carriage by Air Act,
1972.
R The new act simplifies the document of carriage and increases the liability of
the air carrier from 12500 francs per passenger to 2,50,000 francs per
passenger.
R The act applies to the whole of India.
0 
 
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It means the convention for the unification of certain rules relating to
international carriage by air signed at Warsaw on the 12th day of Oct.1929[sec.2].
Y 
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It means the convention as amended by the Hague Protocol on
the 28th day of sept.1955[sec.2(i)].

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 The term ¶High Contracting Party· means all the parties
originally signatories to the convention , together with those who adhere thereto
subsequently , as and when they adhere[Rule 1 (2)].



 
The expression international carriage means a carriage in which
the place of departure and the place of destination are situated within the territories of
two high contracting parties or within the territory of a single high contracting party if
there is an agreed stopping place within a territory subject to the sovereignty , suzerainty
, mandate or authority of another power , even though that power is not a party to the
convention [rule 1 (3)].
0| 
|

 
!
 



The carrier delivers to the passenger , a passenger ticket containing :-

 the place and date of issue

 The place of departure and destination
 The agreed stopping place
 The name and address of the carrier
 A statement that the carriage is subject to the provisions of the act 1972 &
to its schedules.
˜


 

 :

R where a passenger travels by aircraft, he is only allowed to keep with

himself small personal objects or things .
R The rest of his luggage is required to be delivered to the carriage for
carriage and obtain a luggage ticket.
R The luggage ticket must contain all the particulars which are included
in a passenger ticket .
R And in addition must mention the:-
(a) number of the passenger ticket
(b)The number & weight of packages
(c) A statement that delivery of the luggage will be made to the bearer of
the luggage ticket
Y
  

R Where a carrier accepts goods without an air way bill, or if

the air way bill does not conation all the particulars, required
by rule 8(c), the carrier shall not be entitled to avail himself
of the provisions of the convention which exclude or limit his
liability.
3 Y |

  YY
 

R under the act of 1972, the carrier of goods has a right to require the consigner to make out
and hand over to him a document called ´ an air way bill ´( air consignment note ).
R The absence, irregularity or loss of this document shall not affect the validity of the contract
between the consignor and the carrier.
R The carrier shall sign the prior to the loading of the cargo on board the aircraft.
R The signature of the   may be stamped , that of the 


 may be stamped or
printed

R The carrier may require a separate way bill when there is more than one packet .
R The air way bill is rima facie evidence of conclusion of the contract , of the receipt of the
cargo, and of the conditions of carriage & also of the statement relating to the weight,
dimensions & packing of goods and number of packages and the carrier will be stopped from
denying that fact.
 â
 â |
 
R The liability of the carrier in respect of loss or damage of registered baggage or cargo 
  
 
 which is termed under rule !
! as ring the carriage
by air way· .
R
  !  ! 
  !


  ! 
"
  ˜
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R Where the consignor has made special declaration , showing the value of consignment or
barrage and paid additional sum as freight over and above the normal freight , the
consignor in that case shall be entitled to claim the declared value as damages unless the
carrier proves that the declared value is excessive at the place of the delivery .
R The parties are at liberty to enter into a contract fixing a time within which the delivery
is to be made by the carrier.
â Y â
 
Y Y 
R âiability in the event of death or bodily injury.
R âiability for damage to luggage.
R âiability of delay
R Quantum of damages
èâ
â
The carrier is not liable to pay damages if he proves that ²
1. He and his agents have taken necessary measures to
avoid damage ;
2. Or it was impossible for him or them to take such
measures ;
3. There was contributory negligence on the part of the
passenger himself.
In such cases, the court may exonerate the carrier wholly
or partly .
 â 
  
R In the case of damage, the person entitled to delivery must
complain to the carrier or his agent forthwith after the
discovery of the damage, and at the latest, within seven days
from the date of receipts of baggage and fourteen days from
the date of receipt of cargo. [Rule 27(2)]
â 
 

R A limitation period of two years has been prescribed for

filing a suit for damages .
R This period is calculated from the date of arrival of aircraft at
the destination.
R If the goods are stopped in transit by consignor the limitation
period is to be calculated from the date of stoppage of
consignment in transit.