The Railways Act
110Burden of proof
In an application before the Claims Tribunal for compensation for loss, destruction, damage, deterioration or non-delivery of any goods, the burden of proving--
(a) the monetary loss actually sustained; or
(b) where the value has been declared under sub-section (2) of section 103 in respect of any consignment that the value so declared is its true value, shall lie on the person claiming compensation, but subject to the other provisions contained in this Act, it shall not be necessary for him to prove how the loss, destruction, damage, deterioration or non-delivery was caused.
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RESPONSIBILITIES OF RAILWAY ADMINISTRATIONS AS CARRIERS
- 93 General responsibility of a railway administration as carrier of goods
- 94 Goods to be loaded or delivered at a siding not belonging to a railway administration
- 95 Delay or detention in transit
- 96 Traffic passing over railways in India and railways in foreign countries
- 97 Goods carried at owner’s risk rate
- 98 Goods in defective condition or defectively packed
- 99 Responsibility of a railway administration after termination of transit
- 100 Responsibility as carrier of luggage
- 101 Responsibility as a carrier of animals
- 102 Exoneration from liability in certain cases
- 103 Extent of monetary liability in respect of any consignment
- 104 Extent of liability in respect of goods carried in open wagon
- 105 Right of railway administration to check contents of certain consignment or luggage
- 106 Notice of claim for compensation and refund of overcharge
- 107 Applications for compensation for loss, etc., of goods
- 108 Person entitled to claim compensation
- 109 Railway administration against which application for compensation for personal injury is to be filed
- 110 Burden of proof
- 111 Extent of liability of railway administration in respect of accidents at sea
- 112 Power to make rules in respect of matters in this Chapter