9. M.C. Mehta v. Union of India, (1987) 1 SCC 395

Facts and principle: This landmark case concerned the Oleum Gas Leak and the liability of hazardous industries for harm caused by their activities.

Legal significance: The Supreme Court developed the principle of absolute liability for enterprises engaged in hazardous or inherently dangerous activities.

Relevance to cargo claims: Although this is not a transport case, its principles may be relevant where hazardous cargo causes injury or environmental damage through a leak or mishandling. It should not be treated as the general rule for ordinary cargo loss.

5. Notice and limitation requirements

Time limits are especially important because a claim may fail even where the cargo was genuinely damaged.

Sea carriage: Article III, Rule 6 of the Schedule to the Carriage of Goods by Sea Act, 1925 contains notice provisions and, in covered cases, a one-year period for bringing suit.

Road carriage: Section 16 of the Carriage by Road Act, 2007 requires written notice within 180 days from booking for covered claims for loss of or damage to a consignment.

Air carriage: The applicable convention and the Carriage by Air Act, 1972 may impose specific complaint and limitation requirements.

Rail carriage: The Railways Act, 1989 and applicable claim procedures must be examined.

Contractual claims: Additional contractual time bars, arbitration provisions, and jurisdiction clauses may apply, subject to mandatory law.

In The East and West Steamship Co. v. S.K. Ramalingam Chettiar, the Supreme Court explained the substantive effect of the sea-carriage time bar. In Essemm Logistics v. DARCL Logistics Ltd., (2023) 9 SCC 753, the Supreme Court clarified the scope of the road-carriage notice requirement.

6. Practical checklist for claimants

A cargo owner or insurer should:

Notify the carrier and insurer promptly.

Photograph the cargo and packaging before disposal or repair.

Arrange an independent survey when appropriate.

Preserve bills of lading, consignment notes, invoices, packing lists, and delivery records.

Identify the stage of carriage at which the loss occurred.

Calculate the loss using reliable valuation and salvage evidence.

Check the applicable notice period, time bar, liability limit, and forum.

Consider settlement, arbitration, or litigation according to the contract and governing law.

7. Conclusion

Cargo loss and damage claims turn on proof of the goods' condition, the carrier's legal responsibility, causation, the amount of loss, and compliance with the relevant statutory and contractual requirements. The cases discussed above illustrate the significance of time bars, carrier defences, statutory notice, and the distinction between physical cargo damage and other commercial losses.

The strongest directly relevant Indian authorities in this discussion are The East and West Steamship Co., Collis Line, Mayar (H.K.) Ltd., and Essemm Logistics. Other cases provide supporting principles for specific issues rather than a universal rule governing every cargo claim.

This explanation is general legal information. The correct procedure and available compensation depend on the transport mode, contract, governing law, and facts of the particular shipment.