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Railways Act, 1989 102. Exoneration from liability in certain cases. Notwithstanding anything contained in the foregoing provisions of this Chapter, a railway administration shall not be responsible for the loss, destruction, damage, deterioration or non-delivery of any consignment,- (a) when such loss, destruction, damage, deterioration or non-delivery is due to the fact that a materially false description of the consignment is given in the statement delivered under sub-section (1) of section 66, or, (b) where a fraud has been practiced by the consignor or the consignee or the endorsee or by an agent of the consignor, consignee or the endorsee; or (c) where it is proved by the railway administration to have been caused by, or to have arisen from- (i) improper loading or unloading by the consignor or the consignee or the endorsee or by an agent of the consignor, consignee or the endorsee. (ii) riot, civil commotion, strike, lock-out stoppage or restraint of labor from whatever cause arising whether partial or general; or (d) for any indirect or consequential loss or damage or for loss of particular market.    |
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