1776
No. 21 of 1909.
RAILWAYS.
Compensa-tion recover-able not to exceed the value de-clared.
Declaration of contents of parcel.
Exemption.
Burden of proof in case of animals or goods.
and contents to be declared or declared them at the time of its delivery, and if so required paid or engaged to pay a percentage on the value so declared in respect of the increased risk.
(2) When any parcel or package of which the value has been declared under sub-section (1) has been lost or destroyed or has deteriorated, the compensation recoverable in respect thereof shall not exceed the value so declared, and the burden of proving it to have been the true value shall, notwithstanding anything in the declaration, lie on the person claiming the compensation.
(3) The administration may make it a condition of carrying a parcel declared to contain any article mentioned in the Schedule that the railway servant authorised in this behalf has been satisfied by examination or otherwise that the parcel actually contains the article declared to be therein.
(4) This section shall not apply to any parcel carried by the railway for any postal authority.
25. In any suit against the administration for compensa-tion for loss, destruction, or deterioration of animals or goods delivered for carriage by railway, it shall not be necessary for the plaintiff to prove how the loss, destruction, or deterioration was caused; but the burden of proving the value of the animals or goods, and where the same have been injured, the extent of the injury, shall lie upon the claimant.
Notification of claims to refund of overcharges and com-pensation for losses.
Exoneration from respon-sibility in case of goods falsely described.
26. A person shall not be entitled to a refund of an overcharge in respect of animals or goods carried by a railway or to compensation for the loss, destruction, or deterioration of animals or goods delivered to be so carried unless his claim has been preferred in writing by him or on his behalf to the administration within six months from the date of delivery of the animals or goods for carriage.
27. Notwithstanding anything in the foregoing provisions, the administration shall not be responsible for the loss, destruction, or deterioration of any goods with respect to the description of which an account materially false has been given by the owner or person having charge thereof, if the loss, destruction, or deterioration is in any way brought about by the false account, and the administration
1776
No. 21 of 1909.
RAILWAYS.
Compensa- tion recover-
able not to exceed the value de- clared.
Declaration
of contents of parcel.
Exemption.
Burden of proof in
of animals or
goods.
and contents to be declared or declared them at the time of its delivery, and if so required paid or engaged to pay a percentage on the value so declared in respect of the increased risk.
(2) When any parcel or package of which the value has been declared under sub-section (1) has been lost or destroyed or has deteriorated, the compensation recoverable in respect thereof shall not exceed the value so declared, and the burden of proving it to have been the true value shall, notwithstanding anything in the declaration, lie on the person claiming the compensation.
(3) The administration may make it a condition of carrying a parcel declared to contain any article mentioned in the Schedule that the railway servant authorised in this behalf has been satisfied by examination or otherwise that the parcel actually contains the article declared to be therein.
(4) This section shall not apply to any parcel carried by the railway for any postal authority.
25. In any suit against the administration for compensa- tion for loss, destruction, or deterioration of animals or goods respect of loss delivered for carriage by railway, it shall not be necessary for the plaintiff to prove how the loss, destruction, or deterioration was caused; but the burden of proving the value of the animals or goods, and where the same have been injured, the extent of the injury, shall lie upon the claimant.
Notification
refund of
overcharges
26. A person shall not be entitled to a refund of an of claims to overcharge in respect of animals or goods carried by a railway or to compensation for the loss, destruction, or deterioration of animals or goods delivered to be so carried unless his pensation for claim has been preferred in writing by him or on his behalf to the administration within six months from the date of delivery of the animals or goods for carriage.
and com-
losses.
Exoneration
sibility in
27. Notwithstanding anything in the foregoing provisions, from respon- the administration shall not be responsible for the loss, case of goods destruction, or deterioration of any goods with respect to the description of which an account materially false has been given by the owner or person having charge thereof, if the loss, destruction, or deterioration is in any way brought about by the false account, and the administration
falsely described.
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