Exoneration from liability in certain cases

Section 102 of the Railways Act, 1989 deals with 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 th The Act came into force on 01 Jul 1990.

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 practised 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.

Section 102, The Railways Act, 1989 (Act 24 of 1989).