University of Delhi 2010 L.LB General lb-3035 carriage by land sea and air and law relating to motor vehicles - Question Paper
[This question paper contains 6 printed pages.]
Your Roll No.
3mT
1248
LL.B.
JS
III Term
Paper LB-3035 : CARRIAGE BY LAND, SEA AND AIR AND LAW RELATING TO MOTOR VEHICLES
Maximum Marks : 100
Time: 3 Hours Wm : 3 W
(Write your Roll No. on the top immediately on receipt of this question paper.)
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Note Answers may be written either in English or in Hindi; but
the same medium should be used throughout the paper..
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Attempt Five questions including Question No. 1 which is compulsory.
AU questions carry equal marks.
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1. Answer any four of the following :
(i) Hit and Run motor accidents
(ii) Owners risk rate and Railways risk rate in carriage by rail
(iii) Air way bill
(iv) Solasium fund scheme5 under Motor Vehicles Act, 1988
(v) Implied conditions of contract of affreightment
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2. Explain the nature of liability of Railway authorities in the case of a passenger accidently falling from a passenger train. Cite decided cases to support your views.
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3. An agricultural labourer, aged 35 years who was earning Rs. 50 per day, was hit by a state transport service bus and he succumbed to his injuries. He was survived by his parents, wife and three minor children who had jointly filed a suit for compensation under the Motor Vehicles Act, 1988. Determine a just and fair amount of compensation payable to them by applying the appropriate method of calculation. Give reasons for your decision with the help of relevant case law.
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4. An air carrier cannot avail the benefit of the provisions of the Carriage by Air Act, 1972, which limit its liability in case of loss or damage to goods carried by air, if such loss or damage has occured due to the wilful misconduct on the part of the carrier. Elucidate.
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5. Discuss the principle ofNo fault liability as explained in Section 140 of the Motor Vehicles Act, 1988. Does negligence on the part of the driver or the owner of the vehicle causing accident play any role in fixing the liability under this clause ? Explain the legal position with the support of decided cases.
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6. M/S Somerset & Co. had delivered 200 bags of tobacco to M/S. Flagship Co. a sea carrier for transporting from Mumbai to Calcutta. When the consignment was delivered at Calcutta port to the consignee, it was found that 180 bags of tobacco were damaged owing to the negligent and defective maintenance by the , crew. The consignor sues the carrier for compensation for the loss. Decide the case citing relevant case law and legal provisions.
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7. Discuss the nature of Act of God as a defence available to a common carrier in case of loss or damage caused to goods carried by land or inland navigation. Explain the provisions of law applicable with decided cases.
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8. A tanker lorry carrying petrol met with an accident at 6 am on 12-08-2009 and it was lying turtle on the road side. There was a gathering and some people were engaged in pilfering petrol from the tanker. At
3 PM on the same day, an explosion occured in the tanker lorry resulting in the death of a few members of the crowd. The dependents of Mr. Ravi, one among the unfortunate victims of the petrol tanker explosion filed a suit for compensation before the Motor Accident Claims Tribunal. Decide the case by analysing the probable arguments on both the sides:
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(300)****
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Attachment: |
| Earning: Approval pending. |
