Railway Responsibility in Cargo Transit

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What is the liability of the Railway Administration if goods normally carried in covered wagons are transported in open wagons with the consignor's consent?

Full fixed liability

Double the fixed liability

Three-fourths of the fixed liability

Half of the fixed liability (correct)

What is the cost of transporting one horse, according to the provided information?

₹ 3500

₹ 3000 (correct)

₹ 800

₹ 120

If the value of goods is declared and percentage charges are paid by the consignor, what is the maximum liability of the Railway Administration?

The market value

The higher of the declared or market value

The lesser of the declared or market value (correct)

The declared value

Within what period should a notice be served to the railway administration for claiming compensation for the non-delivery of goods?

Six months from the date of entrustment Signup and view all the answers

If the railway is booking goods at Railway risk with a declared price, what right does the railway have?

To get the goods opened and inspected Signup and view all the answers

For refund of overcharges, within what time should a notice be served?

Within six months from either payment or delivery, whichever is later Signup and view all the answers

Which of these animals costs ₹ 800 each to transport?

Giraffe Signup and view all the answers

To which railway should an application for payment of compensation be given, under Section 107?

To the same railway to which initial notice was given Signup and view all the answers

According to the information, if someone is compensated by the Railway Administration, what will happen to their potential claims before a Claims Tribunal?

The claim will be rejected Signup and view all the answers

What is the cost of transporting one small bird?

₹ 120 Signup and view all the answers

Under what conditions is a railway administration NOT liable for loss or damage to goods carried at owner's risk rates?

Unless negligence on the part of the Railway Administration or its servants is proven. Signup and view all the answers

When are railway administrations liable for loss of goods under section 99?

Up to 7 days after the termination of transit, as a bailee under specific sections of the Indian Contract Act 1872. Signup and view all the answers

According to section 100, for what is the Railway Administration not responsible regarding a passenger's luggage if not due to negligence of Railway staff?

Loss or non-delivery of luggage not booked by a railway servant. Signup and view all the answers

What circumstance absolves the Railway administration from responsibility for loss or injury when carrying an animal?

If the animal suffers from a disease, fear, or over-loading by the consignor. Signup and view all the answers

Which situation does NOT absolve the Railway Administration from liability according to Section 102?

Improper loading or unloading of goods by railway staff. Signup and view all the answers

What is the monetary liability of the Railway Administration for a parcel, if the value was not declared?

₹ 50 per kg Signup and view all the answers

Under what condition is a railway administration liable for goods booked at owner’s risk rate?

If negligence on the part of Railway administration or its staff is proved. Signup and view all the answers

If goods are in defective condition or defectively packed as per the forwarding note, when is the Railway liable for any loss?

If negligence on part of Railway administration or its staff is proved. Signup and view all the answers

For which of these items will the Railway administration's liability as a bailee be limited to the termination of the transit period?

Dangerous goods, perishable goods, and livestock. Signup and view all the answers

What is the maximum compensation provided by the Railway Administration if value of luggage was not declared?

₹100 per kg Signup and view all the answers

Under which of the following circumstances is a Railway Administration generally NOT held responsible for the loss of a consignment, according to Section 93?

Deterioration resulting from a latent and undiscoverable defect in the goods Signup and view all the answers

What must a Railway Administration demonstrate, even when a loss arises from an exempted cause like an Act of God, to be relieved of its responsibility?

That it exercised reasonable foresight and care in the carriage of goods Signup and view all the answers

According to Section 94, when does the responsibility of a Railway Administration for goods loaded at a private siding commence?

After the wagon has been placed at the point of interchange, and the owner has notified the railway in writing Signup and view all the answers

Under what scenario is the Railway Administration typically not held liable for loss of a consignment that is to be delivered at a private siding, according to Section 94?

Once the wagon has been placed at the interchange, and the owner has been informed in writing by an authorized railway servant Signup and view all the answers

What is one specific condition under which Section 95 states that the Railway Administration may NOT be held responsible for losses from delays?

If the delay is due to reasons beyond the administration's control or without negligence Signup and view all the answers

According to Section 96, under what condition would the Railway Administration NOT be responsible for loss or damage when goods are transported from within to outside India, or vice-versa?

If the loss or damage cannot be proven by the owner to have occurred over the railway Signup and view all the answers

If goods are damaged due to an act of war, can the Railway Administration automatically avoid responsibility?

No, they must still prove they used reasonable care in the carriage of goods Signup and view all the answers

According to the content, what could be a reason which is NOT a valid reason for Railway Administration to not be responsible for loss of goods

Delay due to staff negligence Signup and view all the answers

What is the significance of the 'point of interchange' mentioned in Section 94 regarding the responsibility for goods loaded/delivered at private sidings?

It is the location where responsibility transfers between the siding owner and the Railway Administration Signup and view all the answers

Which of the following is NOT a valid exemption for a Railway Administration's responsibility for loss under Section 93?

Loss due to negligence of the Railway Administration employee Signup and view all the answers

If a consignor declares the value of goods and pays the corresponding percentage charges, what determines the maximum liability of the Railway Administration in the event of loss?

Whichever is less between the declared value and the market value. Signup and view all the answers

Under what condition, as stipulated by Section 104, will the Railway Administration's liability be reduced to half of the fixed liability concerning goods transported in open wagons?

When the consignor acknowledges the transportation in open wagons in the forwarding note. Signup and view all the answers

According to Section 105, if goods are booked at Railway risk with a declared price, who is responsible for the costs associated with opening, inspecting, and repacking the goods?

The owner of the goods, even after payment of cost. Signup and view all the answers

What is the timeframe within which a consignor must serve notice to the Railway Administration for claiming compensation for loss, damage, deterioration, or non-delivery of goods, according to Section 106?

Within six months from the date of entrustment of the goods. Signup and view all the answers

In accordance with Section 107, to which Railway authority should an application for payment of compensation be submitted?

The Railway to which the consignor originally served the notice under section 106. Signup and view all the answers

According to Section 108, what is the consequence if a person who produced a railway receipt is compensated by the Railway Administration for damage during transportation?

The person’s application before the Claims Tribunal will not be accepted. Signup and view all the answers

What is the transportation cost per animal for a giraffe, as per the provided information?

₹ 800 Signup and view all the answers

What is the timeframe within which a consignor must serve notice to the Railway Administration for claiming refund of overcharges, according to Section 106?

Within six months from the date of payment of fare or date of delivery at destination, whichever is later. Signup and view all the answers

If the Railway Administration requires to inspect goods booked at Railway risk with declared price, who bears the responsibility for arranging the opening of the goods?

The owner of the goods, even after goods are booked. Signup and view all the answers

According to the provided information, under what condition can a Railway Administration be held liable for loss of goods carried at owner’s risk rate?

If negligence on the part of Railway Administration or its servants is proven. Signup and view all the answers

When does the Railway Administration's liability as a bailee terminate for goods booked at owner's risk, according to the provided text?

At the termination of transit, when negligence on part of Railway administration or its staff is not found. Signup and view all the answers

In a scenario where a passenger's luggage is lost, and the passenger was carrying it with them, under what circumstances would the Railway Administration be held responsible?

If the loss was directly due to the negligence of Railway Administration or its staff. Signup and view all the answers

According to Section 101, what is one reason why a Railway Administration CANNOT be held responsible for loss or injury to animals?

If the injury was due to the inherent restiveness of the animal or overloading by the consignor. Signup and view all the answers

A consignment is lost, and a claim is made. Which of these invalidates the Railway's responsibility?

The consignor has committed a fraud that led to the loss of the goods. Signup and view all the answers

If the value of goods is not declared, what is the maximum liability of the Railway Administration for loss or damage to a parcel?

₹50 per kg Signup and view all the answers

Under what specific condition is the Railway Administration NOT responsible for the loss or non-delivery of luggage?

If the passenger has the luggage in their charge, and there is no railway staff negligence. Signup and view all the answers

If a consignment of goods is damaged due to improper loading, and the fault lies within the consignor, under which conditions can the railway be liable?

If the improper loading was directly caused by actions of railway staff Signup and view all the answers

Based on the provided content, what must the Railway Administration do to NOT be liable after the termination of transit for goods that are not booked at owner’s risk?

To be proven they were not negligent, up to 7 days after termination of transit. Signup and view all the answers

According to Section 102, which scenario, if proven, would still make the railway administration liable for loss or non-delivery of a consignment?

If the loss is due to fraud committed by the consignee that they were unaware of. Signup and view all the answers

According to Section 93, if a consignment is damaged due to an explosion, under what condition can the Railway Administration still be held responsible?

If the Railway failed to demonstrate reasonable foresight and care in the handling of the goods during transit Signup and view all the answers

When goods are loaded at a private siding, what specific action by the owner is required for the Railway Administration’s responsibility to commence under Section 94?

Placing the wagon at the interchange point, followed by a written notification to the railway authorities Signup and view all the answers

Under Section 95, what must the Railway Administration demonstrate to be absolved of responsibility for loss due to delay in carriage?

That the delay was beyond their control or not due to their or their servants' negligence Signup and view all the answers

According to Section 96, under which precise condition can the Railway Administration be held responsible for loss of goods in international transit?

If the loss is proven to have occurred on a railway segment, regardless of the cause Signup and view all the answers

If a consignment experiences natural deterioration due to its inherent defect, how does Section 93 impact the Railway Administration's responsibility?

The Railway Administration is not liable for the natural deterioration, unless they were negligent in transporting it Signup and view all the answers

Under Section 94, concerning goods delivered at a private siding, what specific action by a Railway servant signifies the transfer of responsibility away from the Railway?

A written notification from an authorized Railway servant to the siding owner that the wagon is at the point of interchange Signup and view all the answers

According to Section 93, if a loss of the consignment can be attributed to an act or omission of the consignee, under what condition might the Railway still be partly responsible?

If the railway is found to be partially and independently responsible for the loss, despite the consignee’s act or omission Signup and view all the answers

Which scenario, arising from Section 93 exclusions, requires the Railway Administration to demonstrate reasonable foresight and care to be relieved of liability for a consignment's loss?

Damage due to a fire that started because of a third party Signup and view all the answers

Under which circumstance, according to section 95, could the Railway Administration still be liable for losses stemming from delays or detention?

If the delays were a result of avoidable negligence by its employees Signup and view all the answers

If a loss occurs during international transit as described in Section 96, and it’s proven that the loss happened over railway lines, what condition would still prevent this from being the Railway Administration’s responsibility?

None, if the loss happened over rail it's always their responsibility. Signup and view all the answers

According to Section 93, under which of these circumstances would the Railway Administration be responsible for the loss of a consignment?

Loss due to a fire, where reasonable care was not proven. Signup and view all the answers

According to Section 94, when does the Railway Administration’s responsibility begin for goods loaded at a private siding?

After the wagon is placed at the interchange point and the railway is informed in writing. Signup and view all the answers

According to Section 94, under what circumstances would the Railway Administration NOT be responsible for loss to a consignment delivered to a private siding?

If the loss occurs after the wagon is placed at interchange and the owner is informed in writing. Signup and view all the answers

According to Section 95, under what condition can the Railway Administration avoid responsibility for loss caused by delays?

If the delay was due to unforeseen circumstances beyond control and without any negligence on its part. Signup and view all the answers

According to Section 96, when is the Railway Administration NOT responsible for loss or damage of goods during international transport, regardless of cause?

Unless the owner proves the loss occurred over the railway. Signup and view all the answers

Which of these is NOT a valid reason for the Railway Administration to avoid responsibility for loss, according to Section 93?

A fire within the carriage, without any proof of reasonable care. Signup and view all the answers

What is the significance of the 'point of interchange' mentioned in Section 94 with respect to private sidings?

It's where the railway’s responsibility for goods begins or ends. Signup and view all the answers

According to the content, which of the following is NOT an exemption to Railway Administration's responsibility for loss stated in Section 93?

A sudden change in weather. Signup and view all the answers

Under Section 95, what is a key element the Railway Administration must prove to avoid responsibility for loss due to delayed transport?

That there was no negligence from their staff, and the delay was due to reasons beyond their control. Signup and view all the answers

Even if a loss occurs due to an act of God, according to Section 93, what must the Railway Administration demonstrate to be relieved of its liability?

That they used reasonable foresight and care in the carriage. Signup and view all the answers

If a consignment is carried at owner's risk rate, under what condition is railway administration responsible for loss, destruction, or non-delivery?

If negligence on the part of Railway Administration or its staff is proved. Signup and view all the answers

According to the content, for how long is the Railway Administration responsible as a bailee after the termination of transit, for goods not booked at owner's risk?

7 days. Signup and view all the answers

When goods are in defective condition as recorded in the forwarding note, under what circumstance would Railway Administration be responsible for any loss?

If negligence on part of Railway Administration or its staff is proved. Signup and view all the answers

If luggage is lost while being carried by a passenger, when is the Railway Administration responsible?

If the loss was due to negligence by Railway staff. Signup and view all the answers

Under what condition is the Railway Administration NOT liable for loss or injury to animals carried by the railway?

If the animal's behavior caused the injury or loss. Signup and view all the answers

For which of these situations is a Railway Administration not responsible for loss, damage or non-delivery of a consignment?

Improper unloading carried out by the consignor. Signup and view all the answers

What is the maximum monetary liability of the Railway Administration for luggage, if the value has not been declared?

₹. 100 per kg. Signup and view all the answers

What is the specific monetary liability for goods or parcels when the value has not been declared?

₹ 50 per kg Signup and view all the answers

What is the monetary liability of the Railway Administration for an elephant if its value has not been declared?

₹ 6000 per animal Signup and view all the answers

For which of the following, is Railway liability limited to the termination of the transit period

Dangerous goods, perishable goods and livestock. Signup and view all the answers

What is the cost to transport one horned cattle, according to the provided information?

₹. 800 Signup and view all the answers

According to section 104, if goods are carried in open wagons with the consignor's consent, what is the liability of the Railway Administration in case of loss?

Half the fixed liability Signup and view all the answers

If goods are booked at Railway risk and price declared, what action is the Railway entitled to take as per Section 105?

Get the goods opened and inspected Signup and view all the answers

Within what time frame should a notice be served to the Railway Administration for claiming compensation for damage to goods?

Six months from the date of entrustment Signup and view all the answers

Under section 107, to which railway should an application for payment of compensation be submitted?

To the same railway where notice under section 106 was given Signup and view all the answers

According to section 108, what happens if a person who has produced the railway receipt is compensated by the Railway Administration for damages during transportation?

Their application before the Claims Tribunal will not be accepted. Signup and view all the answers

What is the cost to transport one Giraffe according to the provided information?

₹. 800 per animal Signup and view all the answers

If the Railway Administration inspects goods booked at Railway risk with a declared price, who is responsible for arranging the opening and repacking of the goods?

The Consignor Signup and view all the answers

Within what period should a notice be served for claiming refund of overcharges from the date of payment of fare/freight.

Six months from the date of payment of fare/freight or date of delivery at destination whichever is later. Signup and view all the answers

If the consignor declares the value of goods and pays the percentage charges, what determines the maximum liability of the Railway Administration?

The market value or the declared value, whichever is lower. Signup and view all the answers

Study Notes