Wherever there is no specific provision for a particular matter in these statutes,then

the Indian Courts resort to English Common Law.

 Transport Involving Air movement

Warsaw rule
Montreal rule
Indian rule
Liability immunity to carrier
Compensation
Consignment note/airway bill
Rules applicability
Ratification
Business case
Warsaw Conventions- Carriage by Air
 Warsaw convention 1929 ---1

The first international air convention, the "Convention for the Unification of Certain Rules
relating to International Carriage by Air", was signed in Warsaw in 1929 (hereinafter referred
to as "Warsaw Convention 1929")
.
Warsaw Convention 1929 "applies to all international carriage of persons, luggage or
goods performed by aircraft for reward. It applies equally to gratuitous carriage by aircraft
performed by an air transport undertaking.

Infancy Commercial aviation

Major Consideration For the rule.

1. protect air carriers (which at the time were mainly state-owned) from open-ended liability
in case of damage to or loss of cargo or baggage and injury or death of passengers.
2. On the other hand, shippers and passengers needed to be reassured that if something went
wrong they would have an effective remedy against the carrier and be compensated.

As of 2015, the Warsaw Convention had been ratified by 152 states. The Protocol to the
Convention had been ratified by 137 states
 Warsaw convention 1929 ---2
The Warsaw Convention 1929 provides for a monetary cap limiting the carrier's
liability in relation to both passengers and their luggage, and cargo

. At the same time, it creates a presumption of fault on the part of the carrier. In other words
the claimant does not need to adduce evidence to prove that the carrier was at fault. The burden
is on the carrier to prove that he was not at fault by using one of the limited defences
available to him.

Under certain specified circumstances, the conduct of the carrier is considered so reprehensible
that the claimant may "break" the monetary cap limiting the carrier's liability, with the result that
the carrier loses the right to the limitation and is liable in full. However, such circumstances
are strictly limited.

The Warsaw Convention 1929 also contains specific rules, which determine who a claimant
may sue (i.e. the appropriate party), when (i.e. the time limitation within which a claimant may
bring an action) and where (i.e. before which national courts a claimant may bring an action).
AIRWAY BILL FORMAT – AWB number
The purpose of AWB is merely a binding document between the
importer/exporter and the shipping agent (airline/cargo carrier).This AWB gives
authority to the carrier to transport the goods as well as acts as documentary
proof of acceptance of the goods in fair condition.