Open the official PDF on indianrailways.gov.in
| Type | Commercial Circular |
|---|---|
| Topic | claims |
| Currency | Currency not verified |
| Official PDF | indianrailways.gov.in |
of overcharges and payment of compensation claims, should
CHAPTER XXI CLAIMS FOR COMPENSATION AND FOR REFUNDS OF OVERCHARGES 2101. Prevention of claims for compensation.— Loss, destruction, damage, deterioration or non-delivery of animals and goods booked by rail not only involves claims for compensation but also results in loss of public goodwill. As such, reduction in the claims bill will be one of the indices of efficiency of the railway. Every effort must, therefore, be made by staff at all levels to reduce railway's claims bill. 2102. General responsibility of the railway administration.— In terms of section 93 of the Railways Act, 1989, a railway administration is responsible for the loss, destruction, damage, deterioration or non-delivery of animals or goods delivered to the administration for carriage by railway arising from any cause except the following :— 7/11/24, 1:44 PM CHAPTER XXI CLAIMS FOR COMPENSATION AND FOR REFUNDS OF OVERCHARGES 2101 https://indianrailways.gov.in/railwayboard/uploads/codesmanual/CommManual-II/commercialmanualIIch21_data.htm 1/56 (a) act of God; (b) act of war; (c) act of public enemies; (d) arrest, restraint or seizure under legal process; (e) orders or restrictions imposed by the Central Government or a State Government or by any officer or authority subordinate to the Central Government or a State Government authorized in this behalf; (f) act or omission or negligence of the consignor or the consignee or the endorsee or the agent of servant of the consignor or consignee or the endorsee. (g) natural deterioration or wastage in bulk or weight due to inherent defect, quality or vice of the goods; (h) latent defects; and 7/11/24, 1:44 PM CHAPTER XXI CLAIMS FOR COMPENSATION AND FOR REFUNDS OF OVERCHARGES 2101 https://indianrailways.gov.in/railwayboard/uploads/codesmanual/CommManual-II/commercialmanualIIch21_data.htm 2/56 (i) fire, explosion or any unforeseen risk. Where such loss, destruction, damage, deterioration, or non- delivery is proved to have arisen from any one or more of the aforesaid causes, the railway administration can seek protection from liability for compensation only, if the administration further proves that it has used reasonable foresight and care in the carriage of the animals or goods. 2103. Liability after termination of transit (Section 99 of the Railways Act, 1989). (a) The measure of railway's liability referred to in Para 2102 lasts only while the consignments is in transit. After termination of transit, the railways become liable only as bailee under sections 151, 152 and 161 of the Indian Contract Act and that also for a period of 7 days after the termination of transit. If the consignment is not taken delivery of within 7 days of the termination of transit, no liability whatsoever will attach to the railway. If the consignment is at owner's risk rate the railway shall not be responsible as bailee unless misconduct on the part of the railway is proved. 7/11/24, 1:44 PM CHAPTER XXI CLAIMS FOR COMPENSATION AND FOR REFUNDS OF OVERCHARGES 2101 https://indianrailways.gov.in/railwayboard/uploads/codesmanual/CommManual-II/commercialmanualIIch21_data.htm 3/56 (b) The railways have no responsibility even that of a bailee after termination of transit in the case of— (i) explosives and other dangerous goods; (ii) animals; and (iii) articles prescribed in Part I of Schedule II of Railways (Extent of Monetary Liability and Prescription of Percentage Charge) Rules, 1990. (iv) pertshable goods. 2104. Liability in respect of consignments booked at owner's risk rate.—In the case of goods booked at owner's risk rates, the railway administration is not responsible for loss, destruction, damage or deterioration or as bailee during the period of 7 days after the termination of transit except on proof of negligence or misconduct as is the position while such traffic is in the course of transit. 2105. Liability in respect of consignments booked to sidings. 7/11/24, 1:44 PM CHAPTER XXI CLAIMS FOR COMPENSATION AND FOR REFUNDS OF OVE
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