A Bench of Justices PS Narasimha and Alok Aradhe said elevators must be treated as common carriers since passengers have no control over their movement and depend entirely on the automated system or operator.
“An elevator must be construed and deemed to be a common carrier and the operator, in the wider sense must undertake greater responsibility to transport passengers from floor to floor and exit safely,” the Court said in a judgment delivered on July 29.
The Court added that consumers seeking compensation should not bear the burden of identifying how liability must be divided among those responsible.
Courts can first award compensation and subsequently determine the liability of the parties based on their contracts and other circumstances, the Bench ruled.
A Bench of Justices PS Narasimha and Alok Aradhe said elevators must be treated as common carriers since passengers have no control over their movement and depend entirely on the automated system or operator.
“An elevator must be construed and deemed to be a common carrier and the operator, in the wider sense must undertake greater responsibility to transport passengers from floor to floor and exit safely,” the Court said in a judgment delivered on July 29.
The Court added that consumers seeking compensation should not bear the burden of identifying how liability must be divided among those responsible.
Courts can first award compensation and subsequently determine the liability of the parties based on their contracts and other circumstances, the Bench ruled.
