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Procedure for filing claims before the Railway Claims Tribunal
B. Compensation for booked luggage, parcel or goods.
a. Who can claim:
The consignor or the consignee or the endorsee can claim compensation for the loss, destruction, damage, deterioration or non delivery of consignment.
b. Where to claim:
The claimant is required to serve a notice under section 106 of The Railways Act 1989 on the General Manager of the Railway to which the goods are entrusted for carriage, or on whose railway the destination station lies or loss, destruction, damage or deterioration occurs. The essential documents required to be attached with the notice are :
a) In case of damages:
i) Original assessment certificates issued by the railways.
ii) Original trade invoice/bill
iii) Letter of subrogation and special power of attorney from the consignor/consignee/endorsed consignee, if the claim is lodged by Insurance Company.
iv) Mode of payment to the sender, if the claim is lodged by the consignee/endorsed consignee.
v) Letter of authority duly attested by the Station Master of the destination station, if the claim is lodged by other than consignee/endorsed consignee.
b) In case of Shortage Delivery :
In addition to the documents vide sub para ii to v of para (a) following documents are also required :
i) Original shortage certificate/original partial delivery; certificate/original open delivery certificate/original gate pass issued by the railway.
ii) Undertaking to refund the amount to be paid as claim if the missing consignment is subsequently traced and offered for delivery.
c) In case of non delivery:
In addition to the documents vide sub para ii to v of para (a) and sub para(i) & (ii) of para b following documents are also required :
i) Original Railway Receipt/photo copy of distribution list of magazine consignments booked under FSLA system.
Addresses of Claims
Offices:
Central Railway
Chief Claims Officer,New Administration Building,5th Floor, Opp. Time of India,Chatrapati Shivaji Terminus, Mumbai.
Eastern Railway
Chief Claims Officer 3,Koila Ghat Street,Kolkata.
Northern Railway
Chief Claims Officer,NDCR Building ,State Entry Road,New Delhi.
North Eastern Railway
Chief Claims Officer,CCM Office,N.E.Railway,Gorakhpur.
Northeast Frontier Railway
Chief Claims Officer,Railway Headquarter, Maligaon,Guwahati-11
South Central Railway
Chief Claims Officer,Rail Nilayam, Ist Floor,Secunderabad-500071.
South Eastern Railway
Chief Claims Officer,14th Strand Road,10th Floor New Loilaghat, Kolkata.
Western Railway
Chief Claims Officer, Station Building, IIIrd Floor, Churchgate, Mumbai-20.
East Coast Railway
Dy.CCM (Claims), Ist Floor, Reservtion Office, Station Building, Bhubaneshwar.
East Central Railway
Dy.CCM (Claims) East Central Railway Kulharia Complex Patna-80004.
West Central Railway
Dy.CCM (Claims) Headquarter Office in front of Indira Market, Jabalpur.
North Central Railway
Chief Commercial Manager, Nawab Yusuf Road, Allahabad.
South East Central Railway
Chief Commercial Manager, Bilaspur, Hubli.
Southern Railway,
Chief Claims Officer, M.M.Complex, Chennai
North Western Railway
Chief Commercial Manger, Opp.Rajputana Palace, Sherton, Fataih Singh Ki Dharamshala, Jaipur.
South Western Railway
Chief Commercial Manager, Keshwapur, Hubli. .
If Railway Administration does not settle claim within a period of 3 months, an application under section 107 of The Railways Act mayl be filed against the railway administration on which notice under section 106 has been served, before the Railway Claims Tribunal having territorial jurisdiction over the place where:
(a) the goods or animals were delivered for carriage ; or
(b) where the destination station lies ; or
(c) the loss, destruction, damage or deterioration of goods or animals occurred.
How to apply for compensation:
The claimant or his agent or his duly authorised legal practitioner should present the application in prescribed format in triplicate along with requisite fee and process fee either in person or by post , to the Registrar of Bench concerned. Where the number of respondents is more than one, as many extra copies of the application as there are respondents, together with unused file size envelops, bearing full address of such respondents, shall be furnished by the applicant.
To download the application under section 16 of the Act in respect of claims for compensation for loss, destruction, damage, deterioration or non-delivery of animals or goods |CLICK HERE|
What is the Application fee:
| Application fee Payable | ||
| (i) | Where the Value of claim exceeds rupee 1 but does not exceed rupees 100 | Rupees 10.00 |
| (ii) | Where the Value of the claim exceeds rupees 100 but does not exceed rupees 500 | Rupees 10 plus 9 per cent on the exceeding rupees 100. |
| (iii) | Where the Value of the claim exceeds rupees 500 but does not exceed rupees 1000 | Rupees 46 plus 8 per cent on the amount exceeding rupees 500. |
| (iv) | Where the Value of the claim exceeds rupees 1000 but does not exceed rupees 5000 | Rupees 86 plus 7 per cent on the amount exceeding rupees 1000. |
| (v) | Where the Value of the claim exceeds rupees 5000 but does not exceed rupees 20,000 | Rupees 366 plus 6 per cent on the amount exceeding rupees 5000. |
| (vi) | Where the Value of claim exceeds rupees20,000 but does not exceed rupees 30,000 | Rupees 1366 plus 5 per cent on the amount exceeding rupees 20000. |
| (vii) | Where the Value of claim exceeds rupees 30,000 but does not exceed rupees 40,000 | Rupees 1766 plus 4 per cent on the amount exceeding rupees 30000. |
| (viii) | Where the Value of claim exceeds rupees 40,000 but does not exceed rupees 50,000 | Rupees 2166 plus 3 per cent on the amount exceeding rupees 40000. |
| (ix) | Where the Value of claim exceeds rupees 50,000 | Rupees 2466 plus 1 per cent on the amount exceeding rupees50000. |
| (x) | Where the Value of claim exceeds rupees 1 Lakh | Rupees 2966 plus one half per cent on the amount exceeding one lakh. |
What is the time limit to file Application:
The Claims Application claiming compensation for he loss, destruction, damage or deterioration or non-delivery of goods or animals may filed within a period of three years from the date of entrustment of consignment to Railway Administration. However Tribunal has been empowered to entertain an application even after the said period if the applicant satisfies the Bench that he had sufficient cause for not making the application within such period.
What are the requisite documents to be attached with claim application:
(a) copy of the railway receipt/parcel way bill/luggage ticket ;
(b) original sale invoice (Bijak), if any ;
(c) copy of order or letter, if any, of the railway administration deciding the claim of the party ;
(d) copy of the original certificate issued by the railway administration regarding loss, deterioration or damage to the goods, at the time of granting open delivery or assessment delivery ;
(e) copy of the notice under Sec. 106 of the Railway Act, 1989.
(f) copies of any other relevant document in possession of the applicant.
These documents may be attested by a legal practitioner or by a Gazetted Officer of the Central Government or a State Government.
(g) In case an application filed by a legal practitioner, it shall be accompanied by a vakalatnama and if by an agent shall be accompanied by a document authorizing him to act as such.
(g) When any document accompanying an application or reply appears to be defaced, torn, or in any way damaged or otherwise its condition or appearance requires special notice, a mention regarding its condition and appearance shall be made by the party producing the same in the index of such application or reply, as the case may be.
Scale of Compensation:
The consignor may declare the value of the consignment and further pays percentage charges as shown in Schedule II, & required under section 103 of The Railways Act 1989, on such amount to cover higher responsibility. In case the value has not been declared, the amount of liability of railway administration for loss, destruction, damage, deterioration or non delivery shall in no case exceed such amount calculated with reference to the weight of the consignment and where such consignment consists of an animal, the liability shall not exceed such amount as may be prescribed. According to Railways (Extent of Monetary liability and prescription of percentage charge) Rules 1990, the monetary liability has been prescribed as under:
i) in the case of any consignment consisting of animals, the amount specified in Sch. I; or
ii) in the case of any consignment consisting of baggage, an amount calculated at rupees one hundred per kilogramme ; or
iii) in the case of any consignment other than those, referred to in Clauses (i) and (ii) above, an amount calculated at rupees fifty per kilogramme.
SCHEDULE I
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Description of animals Extent of responsibility of Railway Administration
( Per head Rs.)
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Elephants 6,000
Horses 3,000
Mules,horned cattle or camels 800
Dogs, donkeys, goats, sheep or
other animals not mentioned
above, or birds 120
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SCHEDULE II
Part I
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Description of goods Rates of percentage charge
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1 2
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1. Gold 13 paise per 100 rupees or part thereof
2. Silver on excess value per 160 kilometres or
3. Pearls part thereof subject to a maximum of 1%
4. Precious stones of excess value
5. Jewellery
6. Currency notes and coins other than Government Treasure
7. Government stamps and stamp paper other than Postal stationery and stamps
Part II
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1 2
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Goods other than those specified in Part I 25 paise per 100 rupees or part
thereof on excess value per 160 kilo-
metres or pat thereof subject to a
maximum of 1% of excess value.
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When Railway is not liable:
A. The liability of the railway is that of a common carrier when the consignment is booked at Railway Risk rate. However it is not liable if the loss, destruction, damage, deterioration or non delivery occurs due to any of the following causes:
a) act of God
b) act of war
c) act of public enemies
d) arrest, restraint or seizure under legal process
e) orders or restrictions imposed by the Central Govt. or by an officer or authority subordinate to the Central Govt. or a State Govt. authorised by it in this behalf.
f) act or omission or negligence of the consignor or the consignee or the endorsee or the agent or servant of the consignor or the consignee or the endorsee or the agent or servant of the consignor or the consignee or the endorsee .
g) natural deterioration or wastage in bulk or weight due to inherent defects quality or vice of the goods.
h) latent defects
i) fire, explosion or any unforeseen risk
Provided that even 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 shall not be relieved of its responsibility for the loss, destruction, damage, deterioration or non-delivery unless the railway administration further proves that it has used reasonable foresight and care in the carriage of goods.
B. A railway administration shall also 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 sec.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 labour from whatever cause arising whether partial or general : or
d) for any indirect or consequential loss or damage or for loss of particular market.