Multimodal Transportation of Goods Act, 1993
14. Limits of liability when the nature and
value of the consignment have not been declared and stage of transport where
loss or damage occurred is not known
(1) Where a multimodal transport operator
becomes liable for any loss of , or damage to, any consignment, the nature and
value where of have not been declared by the consignor before such consignment
has been taken in charge by the multimodal transport operator and the stage of
transport at which such loss or damage occurred is not known, then the
liability of the multimodal transport operator to pay compensation shall not
exceed two Special Drawing Rights per kilogram of the gross weight of the
consignment lost or damage or 666.67 Special Drawing Rights per package or unit
lost or damaged, whichever is higher.
Explanation. - For the purposes of
this sub-section, where a container, pallet or similar article of transport is
loaded with more than one package or unit, the package or units enumerated in
the multimodal transport document, as packed in such container, pallet or
similar article of transport shall be deemed as packages or units.
(2) Notwithstanding anything contained in
sub-section (1), if the multimodal transportation does not, according to the
multimodal transport contract , include carriage of goods by sea or by inland
waterways, the liability of the multimodal transport operator shall be limited
to an amount not exceeding 8.33 Special Drawing Rights per kilogram of the
gross weight of the goods lost or damaged.