General responsibility of the Railway administration
In terms of Section 93of the Railways Act , 1989 , a railway administration is responsible for the loss , destruction , damage , deterioration or non- delivery of animals or goods delivered to the administration for carriage by railway arising from any cause except the following :-
a) act of God .
b) act of War .
c) act of Public enemy's .
d) arrest , restraint or seizure under legal process.
e) orders or restrictions imposed by the Central Government or a State Government or by any officer or authority subordinate to the Central Government or a State Government authorized in this behalf .
f) act or omission or negligence of the consignor or the consignee or the endorsee or the agent of servant of the consignor or consignee or the endorsee.
g) natural deterioration or wastage in bulk or weight due to inherent defect , quality or vice of the goods.
h) latent defects , and
i) fire , explosion or any unforeseen risk .
Where such loss , destruction , damage , deterioration , or non- delivery is proved to have arisen from any one or more of the aforesaid causes, the Railway Administration can seek protection from liability for compensation only , if the Administration further proves that it has used reasonable foresight and care in the carriage of the animals or goods .
