Chapter 29

Seventh Edition (2012)

Limitation of Liability

Part X of the Indian Merchant Shipping Act, 1958 deals with Collision, Accident at Sea and Limitation of Liability wherein the owners of a ship or other persons entitled to the benefit of statutory provisions for limitation of liability who allege that they have incurred liability in respect of loss of life, personal injury, or loss of or damage to vessels, goods, merchandise, or property or rights of any kind, and that several claims are made or apprehended in respect of that liability, may apply to the High Court having admiralty jurisdiction to determine the amount of their liability and to distribute that amount rateably among the several claimants, and any proceedings pending in any other court in relation to the same matter may be stayed. The Court may proceed in such a manner and subject to such regulations as making the parties, interested parties to the proceedings, and as to the exclusion of any claimants who do not come in within a certain time, and as to requiring security from the owners or other persons applying, and as to payment of any costs, as the Court thinks fit.
 
 
BCAS: 2102-1013
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