The Plea of Limitation XVIII: Air Carriers
A cargo containing fruits and vegetables was sent twice from Mumbai to Canada via London by employing services of British Airways.
Those aggrieved against air carriers, are barred, even if accompanied by sufficient cause, to bring an action for damages after 2 years. Our task is to decipher Rule 30 of Second Schedule of The Carriage by Air Act, 1972. Since, right to damages itself is extinguished after expiry of 2 years, provisions of The Limitation Act, 1963 have no application as no right is subsisting for enforcement. Rule 30 of Second Schedule of The Carriage by Air Act, 1972 expressly excludes applicability of The Limitation Act, 1963.
– Hon’ble Justice Pamidighantam Sri Narasimha, M/s. Bhagwandas B. Ramchandani v. British Airways, [Civil Appeal No. 4978 of 2022].