Railways Act, 1989
← Railways Act, 1989
XI — RESPONSIBILITIES OF RAILWAY ADMINISTRATIONS AS CARRIERS · Section 110

Burden of proof

Not yet verified with the latest version of the bare act.
Text as per India Code

In an application before the Claims Tribunal for compensation for loss, destruction, damage, deterioration or non-delivery of any goods, the burden of proving—

(a) the monetary loss actually sustained; or

(b) where the value has been declared under sub-section (2) of section 103 in respect of any consignment that the value so declared is its true value, shall lie on the person claiming compensation, but subject to the other provisions contained in this Act, it shall not be necessary for him to prove how the loss, destruction, damage, deterioration or non-delivery was caused.

Judgments on Section 110