Indian
Railways is exceptionally vast network – daily there are hundreds of passenger
trains – some do run late – in many areas there is marked improvement and
professionalism, especially the ‘ train reservation system ’ has scaled great
heights in the last two decades – the purpose of this post is not to criticise,
as this perhaps was an isolated incident !
In Tamil Nadu, is
the temple town of Kumbakonam, also spelt as Coombaconum in the records of
British India, located 40 km (25 mi) from Thanjavur and 273 km (170 mi) from
Chennai. This beautiful town is bounded by two rivers, the Kaveri
River to the north and Arasalar River to the south. Kumbakonam dates back to the Sangam period and
was ruled by the Early Cholas, Pallavas, Medieval Cholas, Later Cholas,
Pandyas, theVijayanagar Empire, Madurai Nayaks, Thanjavur Nayaks and the
Thanjavur Marathas. The town reached the zenith of its prosperity during the
British Raj when it was a prominent centre of European education and Hindu
culture; and it acquired the cultural name, the "Cambridge of South
India". Kumbakonam is known for its
temples and mathas (monasteries). Pilgrims
from all parts of India take a holy dip once every 12 years during the
Mahamaham festival in the Mahamaham tank.
Miles away, Uchana is a city and a municipal committee in
Jind district in Haryana. Uchana Kalan is the assembly constituency under Hisar Lok Sabha constituency. The constituency
was the traditional stronghold of senior Congress leader and Haryana Finance
Minister Birender Singh who won the 2005 assembly elections. But in the 2009
assembly elections Om Parkash Chautala of INLD defeated Singh. As Chautala was barred from contesting
elections following his conviction and 10-year-jail term in a teachers'
recruitment scam, his grandson and the country's youngest MP Dushyant Chautala fought the polls but lost to Prem Lata of BJP.
There
are no direct passenger trains between Kumbakonam and Uchana. Grand Trunk Express would take around 34
hours to traverse 2154 km from Chennai Central to Faridabad in Haryana and
approx another 180 km to Uchana from Faridabad.
Freight trains [Goods train] would naturally take a longer time – but certainly
less than a week !
Indian Railways
(IR) carries nearly 1012 Million Tonnes of Freight in a year as reported from
FOIS System in Year 2013-14. Freight trains bring two thirds of the Indian
Railway revenues and are referred to as the bread earners for the Railways. The
major commodities carried by Indian Railways are Coal, Iron Ore, Foodgrains,
Iron & Steel, Cement, Petroleum products, Fertilizer and Containerized
Traffic. There are specialized wagons to handle the Transportation Needs of the
different types of commodities. Unlike passenger carrying trains, Freight
trains do not run to a fixed schedule thus making Freight Operations a highly
Information Intensive activity.
The rakes are
assigned names in alphabetic sequence starting with a name that begins with an
'A' for the first formation out of a marshalling yard after 0100 hrs, along
with a number. This designation can change if the rake is broken up at another
yard and regrouped. Thus, freight trains have names such as 'Ahmedabad 10', or
'Bombay 21', or 'India 38'. The letters 'J' and 'U' are not used, so that there
are 24 letters available, one for each hour of the day.
So in
the modern World, it is easier to track the wagon and the consignment sent by Railways
…… now read this report in The Hindu of date which states that ‘ one year after
it left the originating point in North India, a freight wagon carrying rice to
Kumbakonam reached the destination on Thursday morning’ – yes, the time taken
is ‘ One year !’.
The wagon, which
carried around 1,200 bags of rice, failed to reach Kumbakonam along with the
original formation then, railway sources said. It is suspected that the wagon
could have developed mechanical defect leading to its detachment from the
formation. It apparently escaped from the railway freight movement system from
then on, the sources said.
The rice was
being transported by the Food Corporation of India from Uchana in Haryana to
Kumbakonam. After nearly a year, the wagon, which was attached to an empty rake
to Kumbakonam, finally reached its destination on Thursday morning. The reports
adds that around 1,000 bags were shifted to FCI godown after officials
conducted checks. The remaining bags were still at the Kumbakonam station. The
rice in some of the bags, it is said, had become unfit for consumption.
It is
a food product – “rice” and obviously, an year in a railway wagon – it would no
longer be edible ! and perhaps should be dumped and destroyed. This being
Government rice [of Food Corporation] – there would be no insurance angle, and
perhaps the episode would die a natural death.
Had it been of any individual or a Firm, they would have suffered the
loss arising out of non-delivery [for more than a reasonable period and
suddenly appearing !] – they would have claimed from their Cargo Insurers, who
would have insisted on certification by Railways / surrender of the original
Railway receipt.
In terms of section
93 of the Railways Act, 1989, a railway administration is responsible for
the loss, destruction, damage,
deterioration or non-delivery of animals or goods delivered to the
administration for carriage by railway
arising from any cause except the
following causes :- a. act of God; b. act
of war; c. act of public enemies; d. arrest, restraint or seizure under legal
process; e. orders or restrictions imposed by the Central Government or a State
Government or by any officer or
authority subordinate to the Central Government or a State Government
authorized in this behalf; f. act or omission or negligence of the consignor or
the consignee or the endorsee or the
agent of servant of the consignor or consignee or the endorsee; g. natural
deterioration or wastage in bulk or
weight due to inherent defect, quality
or vice of the goods; h. latent defects,
and i. fire, explosion or any
unforeseen risk.
However for
determining liability of Railways of
loss, destruction, damage, deterioration, or non-delivery, Railway
Administration can seek protection from liability for compensation if they can
prove that they have used reasonable foresight and care in the
carriage of the animals or goods.
Again, whether the
consignment was declared to Railways and extra freight paid needs to be looked
into. If the consignment was carried at ‘Owner’s
risk’ – then Railway is only bailee and would have greater impunity. Another interesting dimension is that in
respect of ‘ delay in transit ‘ under Sec 95 of Railways Act, 1989, the railway
administration shall not be responsible for loss, destruction, damage or
deterioration of any consignment proved by the owner to have been caused by
delay or detention in their carriage, if the railway administration proves that
delay or detention arose for reasons beyond its control or without negligence
or misconduct on the part of the railway administration or any of its servants.
This case
would defy logic – yet !! – what is your take on the given circumstance ?
With regards – S.
Sampathkumar
Sat, 18th
July 2015. Photo credit : The Hindu.
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