DCC 131/2009

This case involved claims against a carrier and an insurer for cargo lost while being transported by air. The key issue was whether the insurance covered confiscation by the authorities. The case also considered who was deemed to be the carrier and the circumstances in which they would be liable for loss when the damage was caused by the authorities.

Background Facts

The Plaintiff filed suit No. 2 of 2004 against the Defendants requesting they pay 437,597 AED and 12% interest per annum from the date of the claim until full payment on the basis that on 2-7-2003 the First Defendant received the Plaintiff's cargo shipped from Dubai to Moscow. On 13-7-2002, the First Defendant shipped the goods in flight No. 6202 from Fujairah airport to Moscow which was supposed to arrive in Moscow on 4-7-2003. However, the goods did not arrive in Moscow.

The First Defendant admitted liability for the loss of the goods at Moscow airport. The Plaintiff requested the First Defendant and the Second the Defendant as the insured of the goods under the insurance policy number KD / DC / 2001/2002 to pay a compensation.