A railway administration shall not be responsible for the loss, destruction, damage or deterioration of any consignment proved by the owner to have been caused by the delay or detention in their carriage if the railway administration proves that the delay or detention arose for reasons beyond its control or without negligence or misconduct on its part or on the part of any of its servants.
Simplified Explanation
This section addresses the liability of a railway administration concerning delay or detention of consignments during transit, and under what conditions the railway administration is not responsible for any resulting loss, destruction, damage, or deterioration of goods.
Key Provisions
- The railway administration is not responsible for any loss, destruction, damage, or deterioration of a consignment if it can be proved by the owner that the delay or detention of the consignment during transit caused such issues.
- However, the railway administration can avoid liability if it can prove that the delay or detention arose due to reasons:
- Beyond its control, or
- Without negligence or misconduct on its part or that of its employees or servants.
Implications of Section 95
- Burden of Proof on the Owner
- The owner of the consignment must prove that the loss, destruction, damage, or deterioration was caused by the delay or detention in transit.
- Defence for the Railway Administration
- The railway administration can defend itself from liability by proving that the delay or detention was due to factors outside its control (e.g., natural disasters, strikes, accidents) or was caused without negligence or misconduct on its part or its employees’ part.
- This defense provides the railway with an exemption from liability, even if the delay results in loss or damage, as long as they can show they acted responsibly.
- Circumstances Beyond Control
- Natural events (e.g., floods, landslides) or external factors (e.g., public disturbances, acts of war) may be used by the railway to prove that it could not have prevented the delay or detention.
- Negligence or Misconduct
- If the delay or detention was due to negligence or misconduct by the railway administration or its employees, it will be held liable for any loss, destruction, or damage to the goods.
Conclusion
Section 95 essentially provides a defence clause for the railway administration in cases where delays or detentions cause harm to goods. If the railway can demonstrate that the delay was due to uncontrollable factors or it acted without negligence, it will not be held liable for any resulting damage to the consignment. However, if the delay is due to its fault, it remains liable for the damage caused.
