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Friday, 26 August 2011

Duties and liabilities of railway or As a bailee what are the liabilities of railway

As regards about the duties of the railway it is common carrier. We can prove this fact by the following :

1. Transportation :-
It is the main duty of the railway that it should carry the goods of passengers from one place to another who are ready to pay the changes.

2. To Carry The Goods Safely :-
It is also the duty of the railway that it should take proper care of the goods as a man of ordinary prudence take care of his own goods.

3. Information About Packing :-
It is the duty of the railway administration that it should inform the sender of the goods about the packing and placement of goods, before acceptance.

4. In Time Delivery :-
It is the duty of the carrier that it should deliver the goods according the time schedule of the contract.

5. Deliver To Right Person :-
It is the duty of the railway carrier that it should deliver the goods to the right person and right station. If due to mistake these are delivered to any other person must be returned and delivered to the right person.

In case of liabilities railway differs from the common carrier. The responsibility of the railway is like the bailee.

1. Liability Of Delay :-
Due to delay or detention in transit of any loss occurs then railway carrier will be liable for the loss.

2. Liability Of Luggage :-
If railway servant has booked any luggage and has given receipt then railway carrier will be liable. Otherwise railway shall not be responsible for the loss or damage of luggage.

3. Liability About Delivery :-
If the goods or animals are delivered to wrong person by the railway administration then it will be liable for this loss.

4. Liability Of Death :-
If any injury or death of any passenger takes place due to the negligence of the railway servant then railway carrier will be responsible.

5. Liability About Valuable Goods :-
In case of valuable goods like gold, silver railway administration is not responsible in case of loss more than Rs. 10,000. If the nature and contents of packet has been declared in writing to the railway and extra charges have been also paid then railway will be responsible.

6. Liability In Case Of Animals :-
In case of loss or damage railway liability is limited upto Rs. 15,000 for Horse and Rs. 1000 for dog. However, the railway may accept higher liability if the consignor declares a higher value and pays a higher freight.

7. Liability In Case Of Negligence :-
Railway is liable for loss or damage happened due to the negligence of the railway servant. In the following cases railway is not liable.

i. An act of God.

ii. Act of public enemies.

iii. Arrest under legal process.

iv. Fire Explosion.

8. Liability After Transit :-
After the expiry of free time of unloading transit terminates. After the termination of transit the liability of railway is seven days.

9. In Accident Case :-
In this case due to any reason a person dies in the train accident the railway is liable to party Rs. one lac. While Rs. ten thousand to the injured person.

10. Liability Other Than Passenger :-
Due to railway accident if a person dies but he was not the passenger, he will be also paid one lac by the railway. In case of injury Rs. ten thousand will be paid.

11. Liability Of Theft :-
The railway administration will be liable if the goods are stolen while in its custody even without negligence.


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