Loss - Definition - Law Dictionary Home Dictionary Definition loss

Definition :

Loss, the word 'loss' used in Railway Act can never mean loss to the owner, it means that the goods have disappeared in the course of transit and neither the railway nor the consignor nor the consignee re or is in a position to trace them, Union of India v. Sha Vastimull Harakchand, AIR 1959 Mys 13.

The word 'loss' in the third clause of the 6th paragraph of art. III to the Act means and includes any loss caused to a shipper or a consignee by reason of the inability of the ship or the carrier to deliver part or whole of the goods, to whatever reason such failure may be due, East and West Steamship Co. v. S.K. Ramalingam Chettiar, AIR 1960 SC 1058: (1960) 3 SCR 820 [Carriage of Goods by Sea Act, 1925, Sch. Art III, Para 6, Cl. (3)]

The word 'loss' is intended to mean and include every kind of loss to the owner of the goods--whether it is the whole of the consignment which is not delivered or part of the consignment which is not delivered and whether such non-delivery of the whole or part is due to the goods being totally lost or merely lost to the owner by such fact of non-delivery, American Export v. Joe Lopez, (1973) 2 SCC 30: AIR 1972 SC 1405 (1407).