Court caseAIR 1971 Ker 197

The plaintiff entrusted a consignment of goods to the defendant, who carried on the business of a common carrier by lorry, for carriage to its destination. While the goods were being transported in the defendant's lorry, an unruly mob stopped the lorry and looted all the goods. The plaintiff sued the defendant for the value of the goods. The defendant pleaded that the loss was caused by an act of God, or by circumstances beyond his control, and that he was therefore not liable.

The Kerala High Court held the defendant liable. An act of God is the result of the working of natural forces without any human intervention; the criminal acts of an unruly mob, however violent or unexpected, are human acts and cannot be regarded as an act of God. The defendant, as a common carrier, was answerable for the safety of the goods entrusted to him, and since the loss was not caused by an act of God he was liable to compensate the plaintiff.