Lawgist98Goods in defective condition or defectively packed
(1) Notwithstanding anything contained in the foregoing provisions of this Chapter, when any goods entrusted to a railway administration for carriage--
(a) are in a defective condition as a consequence of which they are liable to damage, deterioration, leakage or wastage; or
(b) are either defectively packed or not packed in such manner as may be prescribed and as a result of such defective or improper packing are liable to damage, deterioration, leakage or wastage, and the fact of such condition or defective or improper packing has been recorded by the consignor or his agent in the forwarding note, the railway administration shall not be responsible for any damage, deterioration, leakage or wastage or for the condition in which such goods are available for delivery at destination:
Provided that the railway administration shall be responsible for any such damage, deterioration, leakage or wastage or for the condition in which such goods are available for delivery at destination if negligence or misconduct on the part of the railway administration or of any of its servants is proved.
(2) When any goods entrusted to a railway administration for carriage are found on arrival at the destination station to have been damaged or to have suffered deterioration, leakage or wastage, the railway administration shall not be responsible for the damage, deterioration, leakage or wastage of the goods on proof by railway administration,--
(a) that the goods were, at the time of entrustment to the railway administration, in a defective condition, or were at that time either defectively packed or not packed in such manner as may be prescribed and as a result of which were liable to damage, deterioration, leakage or wastage; and
(b) that such defective condition or defective or improper packing was not brought to the notice of the railway administration or any of its servants at the time of entrustment of the goods to the railway administration for carriage by railway:
Provided that the railway administration shall be responsible for any such damage, deterioration, leakage or wastage if negligence or misconduct on the part of the railway administration or of any of its servants is proved.
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- 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
