Railway Administration Responsibilities Quiz
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Questions and Answers

Which of the following is NOT a cause for which a railway administration is relieved from responsibility for goods in transit?

  • Fire or explosion
  • Legal process restraint
  • Act of God
  • Negligence of the consignor (correct)

What must a railway administration prove to be relieved of responsibility in case of goods loss due to listed causes?

  • They had no previous experience with the goods.
  • They took the cheapest route available.
  • They used reasonable foresight and care. (correct)
  • They minimized the time of transport.

Which of the following is listed as a cause that does relieve railway administration of responsibility?

  • Routine handling mistakes
  • Insufficient packaging by the consignee
  • Carelessness by the railway staff
  • Natural deterioration of goods (correct)

Which option includes an example of an act that does NOT relieve the railway administration from liability for goods?

<p>Latent defects in the goods (C)</p> Signup and view all the answers

The railway administration's responsibility for goods can be waived due to which of the following situations?

<p>Arrest under legal process (C)</p> Signup and view all the answers

Which of the following factors is explicitly mentioned as a cause for waiving railway administration's liability?

<p>Inherent defects in goods (C)</p> Signup and view all the answers

Which of the following is mentioned as a potential exception to the railway's liability for goods?

<p>Public authority interventions (C)</p> Signup and view all the answers

What is the maximum liability of a railway administration for loss of a consignment consisting of animals?

<p>The amount specified in Schedule I (D)</p> Signup and view all the answers

If a consignor does not declare the value of a consignment, what is the maximum compensation for non-delivery of baggage?

<p>Rupees one hundred per kilogram (B)</p> Signup and view all the answers

In the case of loss or damage affecting only part of a consignment, how is the liability of the railway administration determined?

<p>Based on the weight of the goods lost or damaged (C)</p> Signup and view all the answers

What happens if the consignor declares the value of a consignment and pays the excess value charge?

<p>The liability is limited to the declared value by the consignor (B)</p> Signup and view all the answers

If the freight charge is based on a calculation other than the actual weight, how should liability be determined?

<p>With respect to the actual weight of the consignment (C)</p> Signup and view all the answers

Under what circumstances is the railway administration not responsible for goods found damaged upon arrival?

<p>If the goods were already in defective condition at the time of entrustment. (A)</p> Signup and view all the answers

What must be proven for the railway administration to take responsibility for damage or deterioration of goods?

<p>Negligence or misconduct on the part of the railway administration. (A)</p> Signup and view all the answers

For how long is the railway administration responsible as a bailee after termination of transit?

<p>For 7 days. (D)</p> Signup and view all the answers

What condition must be met for the railway administration to not be responsible for loss due to owner’s risk rate?

<p>There was no negligence or misconduct by the railway administration. (A)</p> Signup and view all the answers

What must the owner do to hold the railway administration accountable for damage to goods?

<p>Show evidence of negligence or misconduct. (D)</p> Signup and view all the answers

What is the consequence if a consignment suffers loss after the 7-day post-transit period?

<p>The railway administration bears no responsibility. (B)</p> Signup and view all the answers

What can exempt the railway administration from liability regarding the packing of goods?

<p>The owner packed the goods improperly. (A)</p> Signup and view all the answers

What responsibility does the railway administration have during the transit of goods?

<p>To manage the goods under standard of care as a bailee. (B)</p> Signup and view all the answers

Which of the following does NOT affect the railway administration's responsibility?

<p>The complexity of the goods being transported. (C)</p> Signup and view all the answers

What does the term ‘bailee’ refer to in the context of the railway administration's responsibilities?

<p>An entity responsible for taking care of goods entrusted to them. (A)</p> Signup and view all the answers

What condition of goods will exempt the railway administration from liability for damage?

<p>Goods that are in a defective condition or defectively packed (C)</p> Signup and view all the answers

Under what circumstances is the railway administration held responsible for damage to goods?

<p>If negligence or misconduct by the railway administration is proven (A)</p> Signup and view all the answers

Which of the following statements is true regarding the packing of goods?

<p>Defective packing can prevent claims against the railway administration (B)</p> Signup and view all the answers

What must the consignor do to protect their claims on goods that are defectively packed?

<p>Record the condition in the forwarding note (B)</p> Signup and view all the answers

Which of the following conditions would NOT lead to waiver of liability for the railway administration?

<p>Goods are packed in accordance with prescribed standards (A)</p> Signup and view all the answers

The term 'defective condition' mainly refers to which aspect?

<p>Goods that may cause damage due to inherent flaws (B)</p> Signup and view all the answers

What is the implication of a consignor recording the condition of goods in the forwarding note?

<p>It serves as a protection against liability due to defects (B)</p> Signup and view all the answers

What kind of damages are the railway administration not responsible for when conditions are met?

<p>Deterioration caused by defective condition or packing (C)</p> Signup and view all the answers

In which scenario can the railway administration be held liable despite goods being defectively packed?

<p>If it can be proved that the railway's employees were negligent (C)</p> Signup and view all the answers

What is the liability of the railway administration for a consignment if the value is declared and a percentage charge is paid?

<p>It will not exceed the value declared by the consignor. (C)</p> Signup and view all the answers

What may happen if goods are carried in an open wagon instead of a covered wagon?

<p>The responsibility for damage will be halved. (D)</p> Signup and view all the answers

What is the time frame for serving a notice of claim for compensation against a railway administration?

<p>Six months from the date of entrustment of the goods. (D)</p> Signup and view all the answers

Under which condition can certain goods be accepted for carriage by railway?

<p>If the value is declared and percentage charge is paid. (A)</p> Signup and view all the answers

In case of loss or damage, who should the claim be served to?

<p>The railway administration that transported the goods. (A)</p> Signup and view all the answers

How does the railway administration's liability differ for goods transported in open wagons?

<p>Liability is halved for damage incurred. (C)</p> Signup and view all the answers

What might the Central Government do regarding goods accepted for railway carriage?

<p>Specify that only declared goods at a certain value are accepted. (D)</p> Signup and view all the answers

If the value of the consignment exceeds the liability calculated under specific regulations, what is required?

<p>The excess value must be declared and charged. (C)</p> Signup and view all the answers

What happens to a claim for goods lost during transit if the notice is not served within the stipulated time?

<p>The right to claim compensation is forfeited. (C)</p> Signup and view all the answers

Which of the following statements is true regarding consignments carried in open wagons?

<p>The liability for damage is limited to half. (B)</p> Signup and view all the answers

Under what circumstance does the railway administration remain liable for loss or damage to consigned goods?

<p>When the goods arrive at the railway administration's depot. (D)</p> Signup and view all the answers

What must the owner of the siding do to ensure the railway administration is aware of the wagon placement?

<p>Inform in writing by an authorized railway servant. (C)</p> Signup and view all the answers

Which of the following scenarios would exonerate the railway administration from liability for delays?

<p>Legitimate strikes affecting transport services. (B), Accidental machinery breakdown. (C), Heavy rainfall impacting transport schedules. (D)</p> Signup and view all the answers

Which of the following is NOT a requirement for the railway administration to be exempt from liability after wagon placement at the interchange?

<p>The goods must be in perfect condition upon arrival. (C)</p> Signup and view all the answers

What is an obligation of the railway administration regarding compensation claims due to delays?

<p>To prove that delay reasons were beyond their control. (D)</p> Signup and view all the answers

What documentation is critical for the owner of the siding when goods are loaded for transit?

<p>Written notification to the railway from an authorized servant. (B)</p> Signup and view all the answers

What evidence must an owner provide to claim damages due to delay during transport?

<p>Evidence that the delay was caused by neglect. (D)</p> Signup and view all the answers

Which term refers to the amount that exceeds the liability of a railway administration for a consignment?

<p>Excess value (B)</p> Signup and view all the answers

What is the primary purpose of the Railways (Extent of Monetary Liability and Prescription of Percentage Charge) Rules, 1990?

<p>To outline liability and compensation procedures (D)</p> Signup and view all the answers

In the context of these rules, which of the following best defines 'baggage'?

<p>Personal effects of a passenger for carriage by the railway (C)</p> Signup and view all the answers

What does the term 'percentage charge' refer to in the rules?

<p>The charge on excess value for liability limitation (A)</p> Signup and view all the answers

Which of the following statements is true regarding the implementation of these rules?

<p>They took effect from the commencement date of the Act. (D)</p> Signup and view all the answers

What type of claim can the railway administration make to avoid liability for damage or loss of goods?

<p>The goods were damaged due to civil commotion. (D)</p> Signup and view all the answers

In what situation does the railway administration's liability not exceed a prescribed amount?

<p>When the value of the consignment has not been declared. (B)</p> Signup and view all the answers

Which of the following may NOT contribute to the railway administration's lack of responsibility for a consignment?

<p>Unexpected weather conditions. (C)</p> Signup and view all the answers

What is a factor that the railway administration does consider when determining liability?

<p>The weight of the consignment. (A)</p> Signup and view all the answers

Under what circumstance does the railway administration have to prove improper actions to be exempted from liability?

<p>In the case of improper loading or unloading. (D)</p> Signup and view all the answers

What aspect of liability is specifically mentioned regarding animals in consignments?

<p>Their liability is limited to a prescribed amount. (D)</p> Signup and view all the answers

Which of the following is NOT a scenario where the railway administration can be held liable?

<p>Consequential loss due to direct damages. (B)</p> Signup and view all the answers

What must be true for the railway administration to accept responsibility for damaged goods?

<p>The goods must arrive in a condition stated in the documentation. (A)</p> Signup and view all the answers

Which of the following does NOT qualify as an acceptable reason for the railway administration to refuse liability?

<p>The owner did not collect the goods timely. (C)</p> Signup and view all the answers

What is the minimum number of years a Technical Member must have worked in railways?

<p>Three years (A)</p> Signup and view all the answers

What is the maximum age limit for the Chairman to hold office?

<p>65 years (D)</p> Signup and view all the answers

Who is consulted before the appointment of the Chairman?

<p>Chief Justice of India (B)</p> Signup and view all the answers

What is the time limit for seeking relief in the case of responsibility of the railway as a carrier?

<p>Three years from booking (A)</p> Signup and view all the answers

What happens to the claim if it is not served within the specified time frame?

<p>It may be dismissed. (D)</p> Signup and view all the answers

What must the application for seeking relief be filled out on?

<p>A standard form as prescribed (A)</p> Signup and view all the answers

What is the maximum tenure for the Vice Chairman to hold office?

<p>Five years (A)</p> Signup and view all the answers

What is the time limit to claim a refund of fare and freight?

<p>Three years from the date paid (D)</p> Signup and view all the answers

Under which condition can the Chairman be eligible for reappointment?

<p>As per conditions laid down in the Railway Claims Tribunal Act (C)</p> Signup and view all the answers

What is the role of the Central Government regarding the distribution of business among benches?

<p>They determine the distribution of business. (B)</p> Signup and view all the answers

What must be included in a written complaint to the railway administration regarding non-delivery or delayed delivery of goods?

<p>Particulars sufficient to identify the goods (C)</p> Signup and view all the answers

Under what circumstance is a railway administration not responsible for deviation in the route of goods?

<p>Due to operational reasons beyond control (A)</p> Signup and view all the answers

Which method is NOT an acceptable way to serve a notice to a railway administration?

<p>Emailing the document (B)</p> Signup and view all the answers

When is a person entitled to a refund of an overcharge for goods transported by railway?

<p>Within six months of the payment or delivery date (A)</p> Signup and view all the answers

What is the main purpose of serving a notice to the railway administration regarding compensation claims?

<p>To legally document the claim for future reference (D)</p> Signup and view all the answers

Which scenario demonstrates a valid condition under which the railway administration is NOT liable for damages?

<p>Damage due to packaging by the owner (B)</p> Signup and view all the answers

What stipulation must a consignor fulfill to challenge the railway administration's responsibility for damage?

<p>Document the condition of goods prior to shipment (A)</p> Signup and view all the answers

What is the maximum period for which a railway administration remains responsible after a consignment is delivered?

<p>7 days (D)</p> Signup and view all the answers

What is required from a consignor to ensure that their claim for compensation is acknowledged?

<p>A formal declaration of the consignment's value (D)</p> Signup and view all the answers

In the context of goods transported, what is a critical factor affecting the railway administration's liability?

<p>The way the goods were packed (C)</p> Signup and view all the answers

Flashcards

Railway carrier responsibility

Railway administrations are responsible for goods loss, damage, or non-delivery unless caused by specific exemptions.

Exemptions (loss,damage)

Acts of God, war, public enemies, legal process, government orders, consignor/consignee negligence, natural deterioration, latent defects, fire/explosion are exempt from railway carrier responsibility.

Act of God

A natural disaster or force beyond the control of human beings.

Act of War

Events directly resulting from military conflict.

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Consignor/Consignee Negligence

If the sender or receiver's fault causes the damage or loss, the railway isn't liable.

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Reasonable foresight and care

The railway must demonstrate appropriate precautions in transporting goods to avoid liability.

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Railway administration responsibility (proof)

Even if an exemption applies, the railway must demonstrate that they've employed reasonable care in transit to avoid liability; they have to provide proof they were careful.

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Defective Goods

Goods with flaws that could cause damage or deterioration during transportation.

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Defective Packing

Goods not packed to standards, potentially leading to damage in transit.

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Consignor's role

The sender (owner) of the goods; those who provide the forwarding note.

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Forwarding Note

Document detailing goods' condition given to the Railway administration

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Railway Responsibility (Defective Goods)

No liability for damage if defect and notice documented by the sender

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Railway Responsibility (Negligence)

Railway is liable if their staff acted carelessly causing damage.

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Damage/Deterioration (Goods)

Impairment of goods' quality or condition, including leakage/wastage.

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Consignee

The recipient of the goods.

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Delivery Condition

The state of the goods upon arrival at the destination.

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Declared Value

The value assigned by the consignor at the time of entrustment to a railway administration for carriage by railway for declaring the value of goods.

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Percentage Charge

An additional fee paid by the consignor based on the declared value of the consignment. It is calculated as a percentage of the declared value. This fee is charged when the declared value exceeds the railway administration's liability limit set by law.

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Liability Limit

The maximum amount a railway administration is responsible for covering loss, damage, or non-delivery of a consignment.

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Open Wagon Carriage

Carrying goods in an open wagon (uncovered) instead of a closed wagon, which is allowed when the consignor consents and accepts the potentially higher risk of damage due to weather or other factors.

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Limited Liability (Open Wagon)

When goods are carried in an open wagon, the railway's liability is reduced to half of the standard liability amount for damage or deterioration that occurs due to being carried in an open wagon.

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Notice of Claim

A formal notice required to be served by the consignor or their representative to the railway administration within 6 months of entrustment of the goods to claim compensation for loss, damage, or non-delivery.

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Entrustment Date

The date when the goods are handed over to the railway administration for carriage. This date is crucial for calculating the time limit for filing a claim.

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Claim Destination Station

The station where either the goods are supposed to arrive, or where the loss, damage, or deterioration occurs.

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Compensation

Financial payment made by the railway administration to the consignor as compensation for loss, damage, or non-delivery of the goods.

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Overcharge Refund

A refund of any excess payment made by the consignor for carriage of goods, if the charged amount is higher than what the railway administration is legally entitled to charge.

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What is a railway administration's responsibility when goods are damaged during transit?

The railway administration is not responsible for damage, deterioration, leakage, or wastage if the goods were defective at the time of entrustment or were defectively packed.

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What is a key exception to the railway administration's responsibility for damaged goods?

If the railway administration or its servants were negligent or acted with misconduct, the railway administration is still responsible for damage, deterioration, leakage, or wastage.

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When does the railway administration's responsibility as a bailee end?

The railway administration is responsible as a bailee for the loss, destruction, damage, deterioration, or non-delivery of a consignment for seven days after the termination of transit.

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What happens if the consignment is at owner's risk rate?

The railway administration is not responsible for loss, destruction, damage, deterioration, or non-delivery (except on proof of negligence or misconduct) for goods sent at the owner's risk rate.

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What happens if the goods are 'defectively packed'?

If the goods are not packed in a way that meets prescribed standards, the railway administration is not responsible for damage, deterioration, leakage, or wastage that results from faulty packing.

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What is a bailee?

A bailee is a person who takes temporary possession of goods for a specific purpose, like a railway administration carrying goods.

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What is the 'owner's risk' rate?

The owner's risk rate is a rate that the shipper pays when they are responsible for the loss or damage to their goods during transportation.

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What is the legal framework for railway administration responsibility?

The railway administration's responsibility is determined by sections 151, 152, and 161 of the Indian Contract Act, 1872.

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What's the term for the time after a consignment arrives at its destination?

The time period after the termination of transit is the time after the goods reach their destination and are no longer in transit.

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When is the railway administration still responsible for damage even after transit?

The railway administration is still responsible for damage for seven days after transit ends if the damage was caused by their negligence or misconduct.

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Weight-based Liability

How the railway's liability is calculated for loss or damage of goods, often relating to the weight of the items.

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Partial Loss Calculation

When only part of a consignment is lost or damaged, liability is calculated based on the weight of the affected goods, not the entire consignment.

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Freight Charge Basis

The method used to calculate the cost of transporting goods, which might be based on actual weight, volume, or other factors.

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Siding Loading Responsibility

The railway isn't responsible for goods loaded at a siding they don't own until they've taken possession at the specified interchange point and are notified in writing.

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Delivery Siding Responsibility

For goods delivered at a siding, the railway is not responsible for loss or damage after they've placed the wagon at the interchange point and notified the siding owner in writing.

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Delay or Detention in Transit

The railway is not responsible for damage caused by delays or delays in transit if they can prove it was beyond their control or not due to negligence or misconduct.

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Railway Administration Responsibility

Railway administrations are responsible for goods loss, damage, or non-delivery unless caused by specific exemptions.

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Defective Goods/Packing

The railway is not liable for damage caused by defects in goods or their packaging.

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Railway Administration's Liability Limits

The maximum amount a railway administration is responsible for covering loss, damage, or non-delivery of a consignment. This limit is determined by the weight of the consignment.

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Exclusions from Liability

The railway administration is not responsible for loss, damage, or non-delivery if it's caused by factors beyond their control, such as intentional fraud by the sender or recipient, improper loading, riots, or strikes.

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Railway Claims Tribunal

A specialized court in India that handles claims related to accidents and other issues involving the Indian Railways.

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Excess Value

The amount by which the declared value of a consignment exceeds the railway administration's liability limit.

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Technical Member Qualifications

To be a Technical Member of the Railway Claims Tribunal, you must have worked in railways for at least 3 years in a position equivalent to a Joint Secretary to the Government of India and possess knowledge of railway claims and commercial matters.

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Chairman Appointment

The Chairman of the Railway Claims Tribunal is appointed by the President of India after consulting with the Chief Justice of India.

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Chairman Tenure

The Chairman of the Railway Claims Tribunal serves for five years or until they reach the age of 65, whichever comes first.

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Vice Chairman Responsibilities

In the absence of the Chairman, the Vice Chairman takes over their duties.

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Member Tenure

The Vice Chairman and other members of the Railway Claims Tribunal also serve for five years or until they reach the age of 62, whichever comes first.

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Time Limit for Claims

Claims against the railway administration for loss, damage, or non-delivery of goods must be filed within three years from the booking date.

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Section 124 Claims

Claims related to accidents under Section 124 of the Railways Act must be filed within one year of the accident.

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Fare/Freight Refund Claims

Claims for refunds of fares or freight paid to the railway must be filed within three years from the date of payment.

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Railway Administration Responsibility (Goods Condition)

The railway administration is not liable for damage, deterioration, leakage, or wastage if the goods were defective at the time of entrustment or were defectively packed.

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Railway Administration Responsibility (Negligence)

If the railway administration or its employees acted with negligence or misconduct, they are responsible for damage, deterioration, leakage, or wastage despite defects in goods or packing.

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Deviation of Route

When goods are transported on a route other than the booked one due to factors beyond the railway's control, it is not considered a breach of contract.

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Service of Notices

Notices or documents required to be served on a railway administration can be delivered personally, left at their office, or sent through registered post.

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Liability for Goods at Owner's Risk Rate

The railway is not responsible for loss, destruction, damage, deterioration, or non-delivery of goods shipped at owner's risk rate unless there is proof of negligence or misconduct.

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Study Notes

Railway Administration Responsibilities as Carriers of Goods

  • Railway administrations are responsible for goods loss, damage, deterioration, or non-delivery, unless the issue stems from specific exceptions:

    • Act of God
    • War
    • Public enemies
    • Legal processes (arrest, seizure)
    • Government orders (central or state)
    • Consignor/consignee/agent negligence
    • Natural deterioration of goods
    • Latent defects
    • Fire/explosion/unforeseen risks

  • Responsibility ceases if the administration proves reasonable foresight and care in goods carriage

  • Railway administrations aren't responsible for goods loaded or delivered to a non-railway siding until the wagon's location and notification to railway personnel.

  • Railway administrations aren't liable for delays/detentions in transit unless negligence is proven.

  • Railway admins aren't responsible for goods loss/damage/deterioation/non-delivery occurring outside India's rail network, unless the owner proves the damage occurred on the Indian railways.

Goods Carried at Owner's Risk Rate

  • Railway administrations are not liable for goods carried at owner's risk rate from loss, damage, or non-delivery except where negligence is proven.
    • Exception: If whole consignment or package not delivered due to fire or train accident, railway administration responsibility is not waived.
  • If goods within a protected package were pilfered during transit, railway administration must disclose how goods handled. The burden of proving negligence then rests on the consignor/consignee.

Defective Goods/Packaging

  • Railway administration not liable for damage/deterioration/leakage/wastage if goods were defective or poorly packaged and the consignor made note in forwarding documents.

    • But railway administration is liable if negligence/misconduct is proven.

  • Railway administration not responsible for the condition of goods on arrival if defects or packaging issues were not made known.

Termination of Transit Responsibility

  • Railway administrations are responsible for goods up to seven days after transit end (as bailees under Indian Contract Act).
  • Exceptions to this liability include owner-risk goods, perishable goods, animals, explosives, etc.

Currency, luggage, etc responsibilities

  • Railway administrations not responsible for luggage loss unless booked and receipted by railway staff or the luggage is carried by the passenger and their negligence is proven

  • Responsibility for damage/loss of animals due to freight/restiveness/overloading rests with the consignor.

Monetary Liability

  • If value of consignment not declared, liability is capped at a calculated amount based on weight.
  • If value declared, liability is capped at that declared value, or if specified percentage is paid per higher value.
  • Central government can specify goods with no acceptance if value isn't declared.

Notice of Claim for Compensation

  • Claim for compensation must be submitted within six months of delivery date.

Railway Administration Service

  • Notice to railway admins can be delivered to their General Manager, owner, lessee, or those working under contract.

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Description

Test your knowledge on the responsibilities of railway administrations as carriers of goods. This quiz covers key aspects including liability exemptions and conditions under which responsibility ceases. Perfect for anyone studying transportation law or railway operations.

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