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| Type | Commercial Circular |
|---|---|
| Topic | claims |
| Currency | Currency not verified |
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
- 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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