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Start Free TrialCarriage by Air Act, 1972 Complete Act
State: Central
Year: 1972
.....a reference to servants of the carrier. SECTION 05: LIABILITY IN CASE OF DEATH (1) Notwithstanding anything contained in the Fatal Accidents Act, 1855-or any other enactment or rule of law in force in any part of India, the rules contained in the First Schedule and in the Second Schedule shall, in all cases to which those rules apply, determine the liability of a carrier in respect of the death of a passenger. (2) The liability shall be enforceable for the benefit of such of the members of the passenger's family as sustained damage by reason of his death. (3) An action to enforce the liability may be brought by the personal representative of the passenger or by any person for whose benefit the liability is under sub-section (2) enforceable, but only one action shall be brought in India in respect of the death of any one passenger, and every such action by whomsoever brought shall be for the benefit of all such persons so entitled as aforesaid as either are domiciled in India or not being domiciled there express a desire to take the benefit of the action. (4) Subject to the provisions of sub-section (5) the amount recovered in any such action, after deducting any costs.....
List Judgments citing this sectionCarriage by Air Act, 1972 Schedule 1
Title: The First Schedule
State: Central
Year: 1972
.....goods performed by aircraft for reward. They apply also to such carriage when performed gratuitously by an air transport undertaking. (2) In these rules, "High Contracting Party" means a High Contracting Party to the Convention. (3) For the purposes of these rules the expression, "international carriage" means any carriage in which according to the contract made by the parties, the place of departure and the place of destination, whether or not there be a break in the carriage or a transshipment, are situated either within the territories of two High Contracting Parties, or within the territory of a single High Contracting Party, if there is an agreed stopping place within a territory subject to the sovereignty, suzerainty, mandate or authority of another Power, even though that Power is not a party to the Convention. A carriage without such an agreed stopping place between territories subject to the sovereignty, suzerainty, mandate or authority of the same High Contracting Party is not deemed to be international for the purposes of these rules. (4) A carriage to be performed by several successive air carriers is deemed, for the purposes of these rules to be one undivided.....
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