railway as carrier

8/9/2019 Railway as Carrier

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Forwarding note:Every consignor of goods or animals has to prepare anote called forwarding note or consignment note. It

contains the description of the goods, number ofpackages, weight, names and addresses of the

consignor and the consignee and the liability of railwayand freight paid and freight to pay.

o Fright Paid

o Fright to Pay


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RailwayReceipt (R/R):

On submission of the forwarding note to the railway parcel officethe consignor is given a receipt acknowledgingthe goods with an undertaking to carry them in

accordance with the terms and conditions.


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1) Duty to provide facility

2) Duty to treat equally

3) Duty to follow directions


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1)Liability at railway risk :

If the consignment is at railways risk the railway isresponsible for any loss, destruction in transit arises.

Except Act of God

Act of war

Fire explosion and any unforeseen risk


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2)Liability at owners risk :

If the goods are carried by

railway at owners risk it is not liable for any loss or

damage of goods unless its proved that such loss wasdue to negligence or mishandling by its servant.


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3)Liability for delay or detention in transit :A railway is not responsible for loss,

destruction, damage or deterioration or animals or goods caused bydelay or detention unless the proved negligence or misconduct of

railway.

4)Liability for wrong delivery:

where railway delivers the goods

or animals in a good faith to the person who produces the originalrailway receipt.


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5)Liability after termination of transit:

transit terminates on

the expiry of the free time allowed for uploading the good. The liabilityof railway administration during seven days after the termination oftransit is the same as that of a bailee under contract act.

6)Liability as a carrier of animals:

In case of animals, the

liability of railway administration for loss or damage etc. shall not

exceed:Elephant Rs.50000 Horned cattle or camel Rs.15000

Horse Rs.10000 Dog, Donkey, Goat or Bird Rs.1000


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7)Liability in carriage of passengers luggage:A railway is not liable for the personal

luggage of a passenger which has not been booked and the passengertakes with him at his own risk.

8)Liability in article of special value:when the package or parcel of which the

value has been declared, the compensation for loss shall not exceed thevalue so declared.

9)Liability in case of accident of passenger:

If a passenger dies or is injured as a result ofrailway accident, the railway shall be liable to payRs.100000 to the heirsof deceased and Rs.10000 to the injured passenger.


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10)Liability in case of accident of a person other thanpassenger:

The railway shall be liable for to payRs100000 to heirsof the deceased and Rs.10000 to the injured. If the accident is provedto proved to have occurred due to railways negligence.

11)Responsibility in case of goods falsely described:

A railway shall not be responsible for the loss,destruction or deterioration of any goods which have been falselydeclared.

12)Notification of claim:A person shall not be entitled to a refund of an

overcharge in respect of animals or goods carried by railway or tocompensation for the loss, destruction or deterioration of animals orgoods unless his claim has been made in writing within six monthsfrom the date of deliver of the animals or goods.

railway as carrier

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