THE RAILWAYS ACT, 1989 – Chapter XI – Section 102

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 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.

Forward reference⇒Section 103

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