The plaintiff, the Iran Insurance Joint-stock Company, brought a subrogated action against a shipping company, demanding IRR 370,609,887 and legal fees. The plaintiff claimed that a crane was carried from Dubai, UAE, to Bandar Abbas, Iran, by the defendant under a bill of lading dated 15 February 1995. During discharge, the crane fell into the sea due to the defendant's negligence, resulting in damage equal to IRR 370,609,887, which was paid by the plaintiff to the cargo owner.

The defendant argued that there was no negligence on its part, and the damage was not attributable to it.

The first instance Court held that the defendant, according to the submitted evidence, was the carrier. The carrier's liability in discharging goods under art 54.2 of the Maritime Code 1964 (which is based on art 3.2 of the Hague Rules) is strict, and in case of damage to the goods, the negligence of the carrier is assumed. The burden of proving that the necessary care was taken during the discharge of the goods rests on the carrier, and the defendant did not provide any evidence proving that due diligence was exercised in the discharge of the cargo. The expert opinion dated 24 January 2000, which was not challenged, also affirmed this.

The first instance Court, invoking arts 375 and 376 of the Commercial Code, art 54.2 of the Maritime Code, art 30 of the Insurance Act, and arts 357 and 375 of the Civil Procedure Code, ordered the defendant to pay IRR 370,609,887 and legal fees to the plaintiff.

The plaintiff appealed to the Supreme Court.

Held: Appeal rejected.

The appellant failed to provide an objection that would have resulted in the appealed judgment being struck down by the Supreme Court. The appealed judgment was affirmed.