Section 17 of CBR Act : Section 17: General Responsibility Of Common Carrier

Explanation using Example

Imagine you own a business that manufactures delicate glassware and you contract a shipping company to deliver a large order to a customer. The shipping company, acting as a common carrier, takes responsibility for the safe delivery of your goods. During transit, an unexpected severe earthquake occurs, resulting in the destruction of most of the glassware.

In this scenario, under Section 17 of The Carriage by Road Act, 2007, the shipping company would not be held liable for the loss of your glassware because the destruction was caused by an 'act of God', which is one of the exceptions where a common carrier is not responsible for the damage.

However, if it was found that the shipping company did not secure the glassware properly and the damage could have been avoided with due diligence and care, despite the earthquake, the company would still be responsible for the loss.