Section 24 of The Multimodal Transportation of Goods Act, 1993
The multimodal transport operator shall not be liable under any of the provisions of this Act unless action against him is brought within nine months of--
- (a)the date of delivery of the goods, or
- (b)the date when the goods should have been delivered, or
- (c)the date on and from which the party entitled to receive delivery of the goods has the right to treat the goods as lost under sub-section (2) of section 13.
Summary
- The multimodal transport operator is freed from liability under the Act if a lawsuit or legal action is not started within nine months.
- This nine-month period starts running from one of three specific dates depending on the situation.
- The first possible starting date is the day when the goods were actually delivered.
- The second possible starting date is the day when the goods should have been delivered under the contract.
- The third possible starting date is the day when the person entitled to receive the goods gets the right to treat them as lost under sub-section (2) of section 13.
Practical examples
FAQ
1. What is the time limit to file a legal case against a multimodal transport operator?
You must file the case within nine months of the delivery date, the scheduled delivery date, or the date you are legally allowed to treat the goods as lost.
2. What happens if I file a lawsuit ten months after my goods were delivered damaged?
The transport operator will not be held liable because the lawsuit was filed after the nine-month deadline had already passed.
3. Does this time limit apply to all types of claims under the Act?
Yes, the nine-month limit applies to any action seeking to hold the operator liable under any of the provisions of the Act.
Test yourself
Q1.Under Section 24 of The Multimodal Transportation of Goods Act, 1993, what is the limitation period within which an action must be brought against a multimodal transport operator to hold them liable?
Q2.Under Section 24 of The Multimodal Transportation of Goods Act, 1993, which of the following is NOT a valid starting point for calculating the nine-month time limit to bring an action?
Q3.Under Section 24, read together with Section 13 of The Multimodal Transportation of Goods Act, 1993, if a shipment is delayed and no delivery date is agreed, from what point does the nine-month action period begin if the claimant decides to treat the goods as lost?
Q4.Under Section 24 of The Multimodal Transportation of Goods Act, 1993, what is the consequence of failing to bring a legal action against a multimodal transport operator within the prescribed nine-month period?
Q5.Under Section 24 of The Multimodal Transportation of Goods Act, 1993, if a consignee receives a damaged shipment, from which date does the nine-month limitation period to file a lawsuit begin?