law: Railways Act, 1989
  98. Goods in defective condition or defectively
  
  packed. 
  (1) Notwithstanding anything contained in the foregoing
  
  provisions of this Chapter, when any goods entrusted to a railway administration
  
  for carriage- 
  (a) are in a defective condition as a
  
  consequence of which they are liable to damage, deterioration, leakage or
  
  wastage; or
  (b) are either defectively packed or not
  
  packed in such manner as may be prescribed and as a result of such defective or
  
  improper packing are liable to damage, deterioration, leakage or wastage, and
  
  the fact of such condition or defective or improper packing has been recorded
  
  by the consignor or his agent in the forwarding note, the railway
  
  administration shall not be responsible for any. damage, deterioration. leakage
  
  or wastage or for the condition in which such goods are available for delivery
  
  at destination: 
  
  Provided that the railway administration shall be responsible for any such
  
  damage deterioration, leakage or wastage or for the Condition in which such
  
  goods are available for delivery at destination if negligence or misconduct on
  
  the part of the railway administration or of any of its servants is proved.
  (2) When any goods entrusted to a railway administration for
  
  carriage are found on arrival at the destination station to have been damaged
  
  or to have suffered deterioration, leakage or wastage, the railway
  
  administration shall not be responsible for the damage, deterioration, leakage
  
  or wastage of the goods on proof by railway administration,- 
  (a) that the goods were, at the time of
  
  entrustment to the railway administration, in a defective condition, or were at
  
  that time either defectively packed or not packed in such manner as may be
  
  prescribed and as a result of which we're liable to damage, deterioration,
  
  leakage or wastage; and
  (b) that such defective condition or defective
  
  or improper packing was not brought to the notice of the railway administration
  
  or any of its servants at the time of entrustment of the goods to the railway
  
  administration for carriage by railway :
  Provided  that the railway administration shall
  
  be responsible for any such damage, deterioration, leakage or wastage if
  
  negligence or misconduct on the part of the railway administration or of any of
  
  its servants is proved.