Section 111: Extent of liability of railway administration in respect of accidents at sea

Section 111 of The Railways Act, 1989 outlines the liability of a railway administration when it contracts to transport passengers or goods partly by railway and partly by sea. It specifies the extent of the railway administration’s responsibility in case of accidents at sea, addressing various risks involved during the sea transport portion of the journey.

Text of Section 111:

(1) When a railway administration contracts to carry passengers or goods partly by railway and partly by sea, a condition exempting the railway administration from responsibility for any loss of life, personal injury, or loss of or damage to goods which may happen during the carriage by sea from acts of God, public enemies, fire, accidents from machinery, boilers and steam, and all other dangers and accidents of the seas, rivers, and navigation, of whatever nature and kind shall, without being expressed, be deemed to be part of the contract.
(2) Subject to that condition, the railway administration shall, irrespective of the nationality or ownership of the ship used for the carriage by sea, be responsible for any loss of life, personal injury, or loss of or damage to goods which may happen during the carriage by sea, to the extent to which it would be responsible under the Merchant Shipping Act, 1958 (44 of 1958), if the ships were registered under that Act and the railway administration were the owner of the ship and not to any greater extent.
(3) The burden of proving that any such loss, injury, or damage as is mentioned in sub-section (1) happened during the carriage by sea shall lie on the railway administration.

Detailed Explanation:

1. Partly by Railway, Partly by Sea:
   • Section 111 deals with hybrid transportation contracts, where the railway administration is responsible for transporting passengers or goods using both railway and sea routes.
   • In such cases, the railway administration contracts to carry the goods or passengers by rail for part of the journey and by sea for the remaining portion.
2. Exemption Clause by Default:
   • The section includes a default exemption clause in the contract, even if it is not explicitly mentioned. This means that, unless stated otherwise, the railway administration will not be liable for certain sea-related risks, including:
     • Acts of God (natural disasters like storms or earthquakes),
     • Public enemies (war or piracy),
     • Fire,
     • Accidents from machinery (such as engine failure),
     • Boilers and steam accidents,
     • All other dangers inherent in sea travel (like capsizing, sinking, or shipwrecks).
   • This is essentially a standard exclusion of liability for the hazards of the sea and navigation, acknowledging the increased risks involved in sea transport.
3. Liability as per the Merchant Shipping Act, 1958:
   • Despite the default exemption, the railway administration will still be liable for loss of life, personal injury, or loss or damage to goods occurring during the sea portion of the journey.
   • However, this liability is limited to the extent defined by the Merchant Shipping Act, 1958, which governs sea transport and the liability of ship owners.
   • If the railway administration were the owner of the ship and the ship were registered under the Merchant Shipping Act, it would be responsible to the same extent as any ship owner under that Act.
   • This means that the railway administration’s liability is restricted to the limits and conditions set out by maritime law, rather than broader or unlimited liability.
4. Burden of Proof:
   • Section 111 places the burden of proof on the railway administration to demonstrate that the loss, injury, or damage occurred during the carriage by sea.
   • The claimant (such as the passenger or consignee) does not need to prove where the loss occurred (sea or land). Instead, it is the responsibility of the railway administration to prove that the loss or damage did not happen during the sea transport.

Practical Implications:

1. For Claimants:
   • Limited Liability: Passengers or consignors must be aware that the railway administration may be exempt from liability for certain risks during sea transport, such as accidents due to natural disasters, piracy, or technical failures on the ship.
   • Burden of Proof: In cases of loss, injury, or damage during sea transport, the claimant does not need to prove that the incident occurred during the sea journey. The railway administration must provide evidence that the incident occurred during land transport or after the sea journey was completed.
2. For Railway Administrations:
   • Exemption from Sea Risks: Railway administrations are automatically exempt from responsibility for various sea-related accidents or risks, unless the contract explicitly states otherwise.
   • Limited Liability: They will be responsible for losses during sea carriage, but only up to the limits set out by the Merchant Shipping Act, 1958. This means they are only liable for damage or loss to the extent that the ship owner would be under maritime law.
   • Burden of Proof: The railway administration must prove that any loss or damage did not occur during the sea carriage, shifting the burden of proof away from the claimant.
3. For Legal Professionals:
   • Claimants’ Rights: Lawyers should explain to claimants that their compensation for loss, injury, or damage during the sea journey may be limited by the Merchant Shipping Act and that some sea-related risks are excluded.
   • Defending the Claim: Legal professionals representing the railway administration will need to focus on proving that the loss or damage occurred during the railway portion of the journey or was not a result of sea-related risks.

Conclusion:

Section 111 of The Railways Act, 1989 addresses the liability of the railway administration when it engages in partly railway and partly sea transport. The section provides an exemption from liability for specific sea-related risks but limits the railway’s responsibility to the scope defined by the Merchant Shipping Act, 1958. It also places the burden of proof on the railway administration to show that the loss or damage occurred during the sea transport. This section strikes a balance between protecting the railway from unpredictable sea hazards while still holding it accountable for certain sea transport-related incidents.