LAW RELATING TO AIR
CARRIER
Presented By:
Harleen Kaur
Harpreet
Kukreja
Air Transport Scene Pre-1953
§ Nine private airlines in operation
§ Too many war surplus aircraft
§ All airlines sick - beyond recovery
§ Air Corporation Act 1953 passed
§ Private airlines nationalised
§ Birth of national carriers
§ Air India
§ Indian Airlines
Air Transport Scene Post Nationalisation
§ Scheduled services reserved for corporations by Air
Corporation Act
§ Monopoly to national carriers and associates for
scheduled services
§ No competitive environment
§ Impressive growth of Indian Airlines till late eighties
The Carriers Act, 1865
DEFINITIONS USED
1) Domestic air transport means an air transport operation where the place of departure
and destination of the passengers, baggage or cargo are located within the
territories.
2) Carrier means a legal person or sole proprietor who performs the transport
operation.
3) Passenger means a natural person who, on the basis of a contract of carriage or a
passenger ticket, uses the transport service and other related services provided by
an air carrier on board of the aircraft of the carrier.
4) Baggage means the things and objects carried by a passenger.
5) Cargomeans the goods on board of an aircraft (except for mail,
DEFINITIONS
• HIGH CONTRACTING PARTIES
It includes all parties original signatories to the
convention together with those who adhere thereto
subsequently. India is a signatory to the Warsaw
Convention of 1929.
• INTERNATIONAL CARRIAGE
Any carriage in which according to the agreement
between the parties the place of departure and the
place of destination. Carriage between two points
within territory of single high contracting party
without an agreed stopping place within a territory of
another state
DOCUMENTS OF CARRIAGE
THE PASSENGER TICKET:
It contains:
Place and date of issue,
Place of departure & destination,
Agreed stopping place,
Name & address of carrier.
BAGGAGE TICKET
It contains:
2.No. of passenger ticket
3.No. and weight of packages
4.Statement of Assurance.
AIR CONSIGNMENT NOTE/AIR WAY BILL
• Made out in three original parts
• Place & date of execution
• Place of departure & destination
• No. & method of packaging.
• The freight, date& place of payment & the
person who is to paid
LIABILITY OF THE CARRIER
• Liability of passenger up to Rs. 2,50,000 Francs
• Liability in case of damage during the period of
carriage by air.
• In case of registered baggage limited to 250 francs
per kg of baggage.
• In case of personal belongings limited up to 500
francs.
WHEN NOT LIABLE
• He & his agents have taken necessary measures to
avoid damage
• Or it was impossible for him or them take such
measures.
• There was contributory negligence on the part of the
passenger himself.
THANKS