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| Type | Commercial Circular |
|---|---|
| Topic | claims |
| Currency | Currency not verified |
value of the consignment the monetary liability for the consignment shall not exceed such amount
254 Section - 6 1. Consignments booked by rail c an sometimes get lost or damaged in transit. In such cases, claims for compensation can be lodged with the Railways. Liability of the Railways as carrier is contained in section 93 to 112 of the Railways Act, 1989. Certain other sections of the Railways Act having a bearing on the subject are Section 64,65,67,69,76,80 & 81. The main sections are explained below- General responsibility of Railways as carrier of goods 2. General responsibility of Railways as carrier of goods is contained in section 93 of the Railways Act 1989, which is reproduced below : “93. General responsibility of a railway administration as carrier of gods. – save as otherwise provided in this Act, a railway administration shall be responsible for the loss, destruction damage or deterioration in transit, or non-delivery of any consignment, arising from any cause except the following namely :- (a) act of God; (b) act of war; (c) act of public enemies; (d) arrest, restrain or seizure under legal process; (e) order or restrictions imposed by the Central Government or a State Government or by an officer or authority subordinate to the central Government or a State Government authorized by it in this behalf: (f) act or omission or negligence of the consignor or the consignee or the endorsee or the agent or servant of the consignor or the consignee or the endorsee; (g) natural deterioration wastage in bulk or weight due to inherent defect, quality or vice of the goods; (h) latent defect; (i) fire, explosives or any unforeseen risk; Provided that even 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 shall not be relieved of its responsibility for the loss, destruction, damage, deterioration or non-delivery unless the railway administration further proves that it has used reasonable foresight and care in the carriage of the goods” Part VI- Claims and Liability of Railways as carriers 255 Section - 6 Responsibility for goods delivered at a siding 3. Section 94 of the Railways Act provides that when consignment is to be delivered at a private siding, the railway Administration shall not be responsible for loss, destruction, etc. after the wagon containing the consignment has been placed at the specified point of inter-changed and the owner of the siding has been informed accordingly. Thus a siding holder has to point out the shortages, if any at the point of interexchange at the time of placement of the wagon and if he fails to do so the Railway do not agree to any further responsibility. Responsibility for goods carried at owner’s risk rate 4. Owner risk rate is lower than the Railway risk rate. Therefore, according to section 97 of the Railways Act. For goods booked at owner’s risk rate, Railway do not accept any responsibility for loss etc. except on proof that such loss etc. occurred due to misconduct of Railways. Thus in such cases the burden of proof lies on the claimant. Delay or retention in transit 5. Section 95 of the Railways Act 1989 gives exemption from responsibility for loss etc. caused by delay or dentention in transit, if it could be proved that the delay or detention arose for reasons beyond the control of Railways and no misconduct or negligence on the part of their staff etc. was involved. Good in defective condition or defectively packed 6. Section 98 of the Railways Act 1989 frees Railways from liability for goods in defective condition or defectively packed until negligence or misconduct on the part of the railway administration or of any of its servants is proved. Liability after termination of transit 7. Definition of transit as contained in section 2(21) of the Railways act 1989 is reproduced below:- “section 2(21)-”In transit” in relation to the carriage of goods by railway, means the period between the commencement and the termination of transit of such goods, and unles
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