A railway administration shall not be responsible for the loss, destruction, damage, deterioration or non-delivery of any luggage unless a railway servant has booked the luggage and given a receipt therefor and in the case of luggage which is carried by the passenger in his charge, unless it is also proved that the loss, destruction, damage or deterioration was due to the negligence or misconduct on its part or on the part of any of its servants.
Simplified Explanation
This section outlines the responsibility of the railway administration in relation to the loss, destruction, damage, deterioration, or non-delivery of luggage.
Key Provisions
- Luggage Booked by a Railway Servant:
- The railway administration is responsible for luggage only if the luggage is booked through a railway servant, and a receipt is provided for the luggage.
- This establishes that the railway administration’s liability is triggered when the booking process is formalized through the issuance of a receipt by an authorized railway employee.
- Luggage in the Passenger’s Charge:
- If the luggage is carried by the passenger in their charge (i.e., not booked or checked in), the railway administration is not automatically responsible for any loss, destruction, damage, or deterioration.
- In such cases, the railway administration’s liability only arises if the loss or damage is proved to be due to negligence or misconduct on the part of the railway administration or its servants.
Implications of Section 100
- Liability for Booked Luggage:
- When a passenger books luggage through the railway (with a receipt), the railway administration is responsible for the safe transport of the luggage. This includes the risk of loss, destruction, damage, or deterioration.
- Liability for Unbooked Luggage:
- If the passenger carries luggage in their charge (i.e., without booking it or obtaining a receipt from the railway), the railway is not responsible for any loss, damage, or deterioration unless it is caused by negligence or misconduct on the part of the railway administration or its servants.
- This emphasizes that the railway administration’s liability is not absolute in the case of unbooked luggage, and the burden of proof lies on the passenger to demonstrate negligence or misconduct if a claim arises.
Conclusion
Section 100 makes it clear that the railway administration’s liability for luggage depends on whether it has been formally booked and whether a receipt was issued. For unbooked luggage, the railway administration is not liable unless the passenger proves negligence or misconduct on the part of the railway. This section defines the scope of responsibility and protects the railway administration in cases where passengers opt not to formalize the transport of their luggage.
