In force · As amended up to 2026-08
21. If the carrier proves that the damage was caused by or contributed to by the negligence of the injured person the Court may exonerate the carrier wholly or partly from his liability.
21. If the carrier proves that the damage was caused by or contributed to by the negligence of the injured person the Court may, in accordance with the provisions of its own law, exonerate the carrier wholly or partly from his liability.
21. (1) For damages arising under sub-rule (1) of rule 17 not exceeding[1] [one lakh twenty-eight thousand eight hundred twenty-one] Special Drawing Rights for each passenger, the carrier shall not be able to exclude or limit its liability.
(2) The carrier shall not be liable for damages arising under sub-rule (1) of rule 17 to the extent that — they exceed for each passenger one lakh Special Drawing Rights if the carrier proves that
(a) such damage was not due to the negligence or other wrongful act or omission of the carrier or its servants or agents; or
(b) such damage was solely due to the negligence or other wrongful act or omission of a third party.
Source: India Code