Section 110 of the Railways Act, 1989 – Burden of proof

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Section 110: Burden of proof

Burden of proof.

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.

Source: official text of The Railways Act, 1989 as published on India Code (PDF). All sections of the Railways Act, 1989.

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