The plaintiff brought a subrogated action against the carrier for short delivery of cargo, demanding IRR 2,519,802. The carrier, in defence, invoked the time bar and argued that the reason for the short delivery was the shortage of the cargo that was loaded.

Held: The carrier was ordered to pay for losses and legal fees.

The cargo was discharged on 18 October 1999, and the statement of claim was submitted on 10 August 2000. Therefore, the statement of claim was submitted within the one-year time period and the carrier's time bar objection was rejected.

The carrier was liable for losses caused by short delivery because a clean bill of lading was issued, and although, according to art 54.5 of the Maritime Code [based on art 3.5 of the Hague Rules], the shipper was liable to the carrier in respect of the accuracy of the quantity and weight of the cargo as announced, and the carrier's entitlement to compensation did not negate its obligation for delivering the cargo included in the bill of lading and its obligation arising out of the clean bill of lading to the consignee.

The carrier was adjudged to pay the plaintiff IRR 2,519,802 for losses caused by the short delivery and IRR 541,800 for legal fees.