Commercialpedia Indian Railways commercial circulars and policies

section. DOCUMENTS REQUIRED FOR SETTLEMENT OF CLAIMS.: A) In case of Damages : i) Original assessment certificate issued by the Railway ii) Original Trade…

Study materialclaims

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Type	Commercial Circular
Topic	claims

Summary

section. DOCUMENTS REQUIRED FOR SETTLEMENT OF CLAIMS.: A) In case of Damages : i) Original assessment certificate issued by the Railway ii) Original Trade Invoice/Bill loss, damage, destruction, deterioration or non-delivery of such consignment shall

Text of the circular

- 
 
 
 
 
 
 
 RAILWAY 
 
 
 
 
 
 
 
 
 
INSTRUCTIONS  CONTAINED  IN THIS 
 
MANUAL   DO  NOT  SUPERSEDE   THE 
 
PROVISIONS   OF THE RAILWAY ACT,

Railway Claim Manual 
Page No.2
INDEX 
 
1 
INTRODUCTION 
3 
2 
GENERAL RULES FOR DEALING WITH 
CLAIMS 
4 
3 
GENERAL RULES FOR BOOKING OF 
PARCEL 
6 
4 
PACKING, LABELING AND MARKING OF 
PARCELS 
8 
5 
PACKING 
CONDITION 
OF 
PARCEL 
CONSIGNMENTS 
9 
6 
PROCEDURE 
FOR 
BOOKING 
OF 
NEWSPAPER/MAGAZINE 
CONSIGNMENTS. 
13 
7 
PROCEDURE 
FOR 
DELIVERY 
OF 
PERISHABLE 
CONSIGNMENTS 
IN 
ABSENCE OF RAILWAY RECEIPT. 
16 
8 
RAILWAY’S 
LIABILITY 
UNDER 
DIFFERENT SECTIONS OF RAILWAY ACT, 
1989 
18 
9 
EXPLANATORY 
NOTE 
ON 
THE 
“EXCEPTED PERILS” AS ENUMBERATED 
IN SECTION 93 OF RAILWAY ACT, 1989. 
21 
10 
RAILWAY’S LIABILITY IN PERVIEW OF 
RAILWAY ACT, 1989 FOR SETTLEMENT 
OF CLAIM. 
24 
11 
GUIDELINES 
FOR 
SETTLEMENT 
OF 
CLAIM CASES. 
31 
12 
PROCEDURE TO DEAL WITH COURT AND 
ACCIDENT CASE. 
38 
13 
COMPENSATION 
FOR 
DEATH 
AND 
INJURIES. 
42 
14 
UNTOWARD 
ACCIDENT 
DUE 
TO 
NEGLIGENCE OF PASSENGER. 
45

Railway Claim Manual 
Page No.3
 
 
INTRODUCTION 
 
The main function of the Commercial 
Department is the sale of Transport, creating 
and 
developing 
traffic, 
securing 
and 
maintaining friendly relations with the 
travelling and trading public and cultivating 
good public relations generally. Any delay 
in settlement of claim not only involves the 
loss of traffic by way of diversion but also 
results in loss of public goodwill, friendly 
relations with the travelling and trading 
public. A claim application is a complaint 
which should be decided expeditiously.  
Once the complainant really sees our caring 
and professionalism being transmitted to 
him, a lot of his dissatisfaction  disappears. 
For expeditious settlement of a claim case, 
awareness of rules, regulations,  provisions 
of Railway Act and Railway Claims 
Tribunal Act is essential.

Railway Claim Manual 
Page No.4
GENERAL RULES FOR DEALING WITH CLAIMS 
 
 
WHAT IS CLAIM : 
A claim against the Railway is a complaint and a formal demand by the rightful 
claimant  in respect of the goods, parcels, luggage and animals entrusted to the 
Railway Administration for carriage from one station to other station for loss, 
damages, deterioration, partial delivery or non-delivery. 
 
PERSON ENTITLED TO CLAIM COMPENSATION:   
If a railway administration pays compensation for the loss, destruction, damage, 
deterioration  or non-delivery of goods entrusted to it for carriage, to the consignee 
or the endorsee producing the railway receipt, the railway administration shall be 
deemed to have discharged its liability and no application before the Claims 
Tribunal or any other legal proceedings shall lie against the railway administration 
on the ground that the consignee or the endorsee was not legally entitled to receive 
such compensation. 
Nothing in sub section (1) shall affect the right of any person having any interest in 
the goods to enforce the same against the consignee or the endorsee receiving 
compensation under that sub-section. 
 
DOCUMENTS  REQUIRED FOR SETTLEMENT OF CLAIMS.: 
A) In case of Damages : 
i) 
Original assessment certificate issued by the Railway 
ii) 
Original Trade Invoice/Bill. 
iii) 
Letter 
of 
subrogation 
and 
special 
power 
of 
Attorney 
from 
the 
consignor/consignee/endorsed consignee if the claim is lodged by Insurance 
Company.  
iv) 
Mode of payment to the sender if the claim is lodged by the 
consignee/endorsed consignee. 
v) 
Letter of authority duly attested by the Station Master of the destination station 
if the claim is lodged by other than consignee/endorsed consignee. 
B) In case of short delivery : 
In addition to the documents vide sub para ii to v of para (A) following 
documents are also required : 
i) 
Original shortage certificate/original partial delivery; certificate/original open 
delivery certificate/original gate pass issued by the Railway. 
ii) 
Under taking to refun

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