Responsibility of Railways as Common Carrier and Bailee.

Section 93-

According to this Section, 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, Restraint or Seizure under legal process.

e) Orders or restrictions imposed by the Central/State Government.

f) Act or omission or negligence of the consignor or the consignee or the endorsee or the agent

g) Natural deterioration or wastage in bulk or weight due to inherent defect, quality of goods.

h) Latent defects.

i) Fire, explosion on any unforeseen risk.

Even if the loss arises from any of the above causes, Railway Administration shall not be relieved of its responsibility unless it proves that it has used reasonable foresight and care in the carriage of goods.

Section 94 –

1. When goods are loaded at a private siding, Railway Administration shall not be responsible for any loss to such goods, until the wagon has been placed at the point of interchange and it has been informed in writing accordingly by the owner of the siding.

2. When any consignment is required to be delivered by Railway administration at a private siding, Railway administration shall not be responsible for any loss to such consignment after the wagon has been placed at the point of interchange and the owner of the siding has been informed in writing accordingly by an authorized Railway servant.

Section 95- 

Railway Administration can not be held responsible for loss, destruction, damage or deterioration of any consignment due to delay or detention in their carriage; if railway Administration proves that the delay or detention arose –

1. For reasons beyond its control, or

2. Without negligence on its part or any of its servants.

Section 96- 

Where in the course of carriage of any consignment from a place in India to a place outside India or vice-versa, Railway Administration shall not be responsible for loss, destruction, damage or deterioration of the goods, from whatever cause arising unless it is proved by the owner that such loss arose over the railway.

Section 97– 

Railway administration shall not be responsible for any loss, destruction, damage, deterioration or non-delivery in transit, of any consignment carried at owner’s risk rate, unless negligence on the part of Railway Administration or its servants is proved.

Section 98 –

When goods entrusted are in a defective condition or defectively packed, and the fact of such condition has been recorded by the consignor in the forwarding note, the Railway administration shall not be responsible for any loss. If negligence on part of Railway administration or its staff is proved, it shall be responsible.

Section 99 – 

Railway administration shall be responsible as a bailey under Sections 151,152 and 161 of Indian contract Act 1872 for loss, destruction etc of any consignment up to 7 days after termination of the transit.

In case of goods booked at owner’s risk, Railway administration shall not be responsible as a bailey for such loss, unless negligence on the part of Railway administration or its staff is proved. In case of dangerous goods, perishable goods and livestock, Railway’s liability as a bailey will be up to the termination of transit period

Section 100 - 

Railway administration shall not responsible for loss or non-delivery of luggage unless a railway servant has booked the luggage and issued a receipt, and in case of luggage carried by passenger in his charge, unless it is proved that the loss was due to negligence on the part of Railway administration or its staff.

Section 101 -

 Railway administration shall not be responsible for any loss or injury to any animal carried by Railway, arising from freight, restiveness of the animal or from over-loading of wagon by the consignor.

Section 102-

 Railway administration shall not be responsible for loss, damage, deterioration or non delivery of any consignment in the following cases –

a. Misdeclaration of goods.

b. Fraud committed by consigner or consignee.

c. Improper loading / unloading or riots/strikes etc.

Section– 103

According to this section, monetary liability of Railway Administration for parcel, luggage , goods and livestock in case value of consignment has not been declared is as follows :-

a. For luggage - ₹.100/- per kg.

b. For Goods and Parcels - ₹. 50/- per kg.

c. Elephant - ₹. 6000/-per animal

d. Horse - ₹. 3000/-per animal

e. For Horned cattle’s, camel, Giraffe - ₹. 800/- per animal

f. For small Birds and animals - ₹. 120/- per bird /animal

Where the value of goods has been declared and percentage charges have been paid by consignor, then liability of Railway Administration will be upto the declared value/market value whichever is less.

Section 104 

According to this section, if goods normally carried in covered wagons are carried in open wagons with consignor’s recorded consent in the forwarding note, responsibility of Railway Administration in case of loss , damage shall be half of fixed liability.

Section 106

According to this section, notice for claiming compensation for loss, damage, deterioration or non delivery of goods should be served to railway administration within six months from date of entrustment of goods. For refund of over-charges such notice should be served within six months from the date of payment of fare/freight or date of delivery at destination whichever is later.

Question:

Write in detail:

Responsibility of Railway Administration as a common carrier of goods and as a Bailee under section 93-99.