Act before it’s too late. Claim Intimation & Legal Suit Timelines of Marine Cargo

Know the Mandatory Time Limits for Filing Claims Against Carriers & Authorities in India

When goods are transported by sea, port, rail, road, air or through multimodal logistics, every carrier has a legally defined time limit for reporting loss or damage and for initiating a legal claim.

Missing these timelines may result in claim rejection or loss of recovery rights.

Below is a simple, easy-to-understand guide for all logistics stakeholders — Importers, Exporters, Shipping Lines, CHAs, Transporters, MTOs, Freight Forwarders, and Insurance Policyholders.

Carrier / Authority

Claim Intimation (Notice Period)

Legal Suit Time Limit

Applicable Law / Convention

Shipping Lines (Sea Carriers)

Within 3 days of delivery

1 year from delivery date / expected delivery

Carriage of Goods by Sea Act, 1925 (Hague Rules)

Major Ports (Port Trusts)

Within 15 days of discharge

6 months from the date of cause

Indian Ports Act, 1908; Major Port Trusts Act, 1963

Customs Department

Immediately upon detection of damage

1 year from date of decision/action

Customs Act, 1962

Multimodal Transport Operators (MTOs)

Within 3 days of delivery

9 months from delivery / expected delivery

Multimodal Transportation of Goods Act, 1993

Indian Railways

Within 6 months from date of booking

3 years from date of booking

Railways Act, 1989; Limitation Act, 1963

Road Transport – Motor Lorries

Within a reasonable time after delivery

1 year from delivery / expected delivery

Carriers Act, 1865

Airlines (Air Cargo)

7 days for damage, 14 days for loss

2 years from arrival or scheduled arrival

Carriage by Air Act, 1972 (Warsaw / Montreal Conventions)

Why These Timelines Are Important

  • They determine whether your claim is legally valid.
  • Carriers are bound by strict international and Indian regulations.
  • Insurance companies also rely on these limits for subrogation and recoveries.
  • Late intimation can lead to claim complications or denial.

Practical Guidance for Businesses

  1. Always inspect the goods immediately at the time of delivery.
     Even minor damages should be recorded.
  2. Issue written notice (email or letter) to the carrier within the stipulated time.
    Attach:
    Photos
    Delivery receipt remarks
    Survey report (if available)
  3. Maintain all transport documents safely, such as:
    Bill of Lading
    Delivery Order
    LR Copy / Railway Receipt
    Air Waybill
    E-Way Bill / Gate Pass
  4. If compensation is not received, file the legal claim before the limitation period expires.
  5. For insured shipments, inform your insurer immediately.

Timely survey and documentation help in faster settlement.