By Malvika Rao #1111673

M/s. Ramana Travels Pvt. Ltd. Ply regular buses between Bangalore and Mysore for sightseeing. Mr. Shiva on 18th January 2004, took a ticket for sight-seeing of Mysore with Ramana Travels Pvt. Ltd. The ticket was issued to him and was advised to see the terms and conditions of the service on the reverse of the ticket. Mr. Shiva did not read all the terms and conditionswhich were given in fine print on the reverse. But he was aware about the presence of some terms and conditions, because his attention was drawn to the same.

In Mysore, while he went to see the famous zoo, leaving his baggage in the bus itself, it got stolen owing to the negligence of the bus crew, who left for tea without locking the bus door. Mr. Shiva wants to claim compensation of Rs. 5000/- from M/s. Ramana Travels Pvt. Ltd, for loss of his baggage. Now, M/s. Ramana Travels have taken shelter under clause 21 if the contract ( the conditions and terms in fine print on the reverse of the ticket, which says that the company is not responsible for the luggage of the passengers any time). Please advise Mr. Shiva on the issue.

Mr. Shiva took a ticket for sightseeing of Mysore with Ramana Travels Pvt. Ltd. and was advised to see the terms and conditions of the service on the reverse of the ticket which was given in fine print.

Mr. Shiva did not read all the terms and conditions which were given but was aware about the presence of some terms and conditions, because his attention was drawn to the same.

In Mysore, he left his baggage in the bus itself, it got stolen due to the negligence of the bus crew. Mr. Shiva wants to claim compensation for his stolen baggage. However, under clause 21 of the contract, it is clearly mentioned that the company is not responsible for luggage of passengers

A person who has the ability and opportunity to read a

document before signing is contractually bound by the terms

and conditions of the document.

But in this case, since it is due to the bus crews negligence that
the baggage was stolen, Mr. Shiva can claim the compensation as the company. M/s Ramana is liable.