(1)When a foreign letter or a foreign parcel, has been posted in and insured by anIndian Post Office within or without the limits of India and when such letter, or parcel has been lost or the contents thereof have abstracted or damaged in the course of transmission by post compensation not exceeding the amount for which such letter, or parcel has been insured shall be payable, in accordance with and subject to the provisions of sub-rule (2), (4) and (5) on account of such loss, abstraction or damage, to the sender except in the case of a parcel in respect of which the Administration of the country of destination decides to pay compensation to the addressee under the same conditions as those prescribed in respect of the Indian Post Office in sub-rule (3).Provided that no compensation shall be paid in respect of a parcel sent by or addressed to:-(1)a prisoner of war either directly or through a national information bureau or central information agency referred to in a Geneva convention of the 12th august, 1949, relative to the treatment of prisoners of war:(2)a belligerent received and interned in neutral country;(3)a civilian internee as defined in the Geneva Convention of the 12th August, 1949, relative to the protection of civilian persons in time of war, either directly or through a National Bureau or in Central Information Agency referred to in that Convention ; and(4)a National Bureau or a Central Information Agency regarding prisoners of war.(2)Whether or not the addressee has made reservations on taking delivery of a letter the contents of which have been abstracted or damaged, or has, after taking delivery thereof, immediately made a complaint of abstraction or damage to the Administration of the office of delivery and proved that the abstraction or damage did not take place after the delivery, the compensation payable under sub-rule (1) shall be payable to the sender and no claim for the payment of compensation to the addressee shall be entertained.(3)When an inward parcel insured by a foreign Administration is lost or the contents thereof are abstracted or damaged, compensation shall be payable by the Indian Post Office to the addressee up to an amount not exceeding that for which it has been insured if he claims such compensation after having made reservation in taking delivery of the parcel or if he furnished proof that the sender of the parcel has waived his rights to such compensation in the addressee's favour.(4)The compensation payable under sub-rule (1) to (3) shall in no case exceed the value of the article lost or the amount of loss occasioned by the abstraction of, or damage to, the contents of the article, and loss of profits or other indirect loss shall not be taken into consideration in the assessment of such compensation.(5)No compensation shall be payable under sub-rule (1) to (3)-(a)where the loss or damage has been caused by the fault or negligence of the sender, or arises from the nature of the article;(b)where the insurance has fraudulently made for a sum above the real value of the contends, or there has been any other fraud on the part of the sender or the addressee;(c)where the insured article has been delivered to the addressee, or where the article is returned to the sender and the addressee or sender, as the case may be, has signed and returned the receipt therefor without protest, or in the case of an insured letter, without immediately making a complaint of abstraction of or damage to the contents of the letter to the administration of the office which delivered the article and proving that the abstraction or damage took place before the delivery of the letter;(d)where the sender has not given intimation of the loss, abstraction or damage within one year following the day of posting;(e)where the loss, abstraction or damage was due to improper or insecure packing;(f)where there is no visible damage to the cover or seals;(g)in cases beyond control (e.g, tempest, shipwreck, earthquake, war, etc.);(h)where the insured article cannot be traced in consequence of the destruction ofthe documents relating to it from causes beyond control unless proof of liability of the post office to pay compensation in respect of the article has been furnished otherwise;(i)where the insured article contained anything the transmission of which by the letter or the parcel post, as the case may be, is prohibited, provided that compensation shall not be inadmissible by reason only of the fact that an insured parcel contained any correspondence;(j)where the insured article is seized under any law for the time being in force in the country of destination.(6)In the following cases, namely:-(a)when an insured letter or box or parcel is lost or destroyed or its contents are wholly abstracted;(b)when by reason of damage attributable to the postal service the addressee refuses to take delivery of an insured parcel;The sender of such letter, box or parcel, shall be further entitled to a refund of the charges and fees which have been paid, and when an error on the part of the Post Office gives rise to enquiry as to disposal of such letter, or parcel, to a refund of, any fee paid on account of such enquiry; but the sender of such letter, box or parcel shall in no case be entitled to a refund of the fee paid for insurance.(7)The Central Government does not accept any liability to the sender or the addressee, other than that mentioned in sub-rules (1) to (6), in respect of loss of an insured inward or outward foreign letter, or parcel or the abstraction of, or damage to, the contents thereof.
