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GENERAL RULES FOR DEALING WITH CLAIMS

 

WHAT IS CLAIM :

A claim against the Railway is a complaint and a formal demand by the rightful claimant in respect of the goods, parcels, luggage and animals entrusted to the Railway Administration for carriage from one station to other station for loss, damages, deterioration, partial delivery or non-delivery.

 

PERSON ENTITLED TO CLAIM COMPENSATION:

If a railway administration pays compensation for the loss, destruction, damage, deterioration or non-delivery of goods entrusted to it for carriage, to the consignee or the endorsee producing the railway receipt, the railway administration shall be deemed to have discharged its liability and no application before the Claims Tribunal or any other legal proceedings shall lie against the railway administration on the ground that the consignee or the endorsee was not legally entitled to receive such compensation.

Nothing in sub section (1) shall affect the right of any person having any interest in the goods to enforce the same against the consignee or the endorsee receiving compensation under that sub-section.

 

DOCUMENTS REQUIRED FOR SETTLEMENT OF CLAIMS.:

A) In case of Damages :

i) Original assessment certificate issued by the Railway

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 short 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) Under taking 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 (ii) of para(B) following document is also required :

Original Railway Receipt/photo copy of distribution list of magazine consignments booked under FSLA system. Railway Claim Manual Page No.5

TIME LIMIT TO LODGE A CLAIM :

(A) A person shall not be entitled to claim compensation against a railway administration for the loss, destruction, damage, deterioration or non-delivery of goods carried by railway, unless a notice thereof is served by him or on his behalf –

a) to the railway administration to which the goods are entrusted for carriage or

b) to the railway administration on whose railway the destination station lies, or the loss, destruction, damage or deterioration occurs, within a period of six months from the date of entrustment of the goods.

 

(B) Any information demanded or enquiry made in writing from or any complaint made in writing to, any of the railway administration mentioned in sub-section(1) by or on behalf of the persons within the said period of six months regarding the non-delivery or delayed delivery of the goods with particulars sufficient to identify the goods shall, for the purpose of this section, be deemed to be a notice of claim for compensation.

(C) A person shall not be entitled to a refund of an overcharge in respect of goods carried by railway unless a notice therefore has been served by him or

on his behalf to the railway administration to which the overcharge has been paid within six months from the date of such payment or the date of delivery of such goods at the destination station, whichever is later.

 

Application for compensation for loss etc of goods: An application for compensation for loss, destruction, damage, deterioration or non-delivery of goods shall be filed against the railway administration on whom a notice under section 106 has been served.

 

TO WHICH RAILWAY THE CLAIM IS TO BE PREFERRED :

According to Section 106 of Railway Act, 1989, application for claim for compensation can be sent either to the Chief Claims Officer of the Forwarding Station’s Railway or to the destination station’s Railway. Notwithstanding this legal provision, the claims are invariably settled by the destination Railway as decided by Rule 314.6 of Indian Railway Conference Association. If the claim application is sent to any Railway other than the Railway on which destination station lies such claims are transferred by that Railway to the destination Railway for dealing with.

 

POWERS OF THE OFFICERS TO SETTLE THE CLAIMS

In terms of Railway Board’s letter No. 2017/TC-III/2/1 dated 17.03.2017, powers to settle the claims for compensation.

 

1) Asstt. Comml. Manager/Claims: upto Rs.25,000/-.

2) Sr. Comml. Manager/Claims: From Rs.25,001 to Rs.50000-.

3) Dy. Chief Comml. Manager/Dy.CCO: From Rs.50,001/- to Rs.2,00,000/-.

4) CCM (in HAG) or CCM (Cor.Hd.) or CCO: From Rs.2,00,001/- to Rs.8,00,000/-.

5) General Manager: Unlimited.

 

 




Source : South East Central Railway CMS Team Last Reviewed on: 03-04-2017