Terms and Conditions

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i.         Collision

The legal regime relating to collisions and accidents at sea occurring in Indian territorial waters is covered under Part X (Sections 345 to 351) of the Merchant Shipping Act, 1958 (“MSA”), which states:

The apportionment of liability in respect of the damage or loss to ships, their cargo or any property on board caused by the collision of two or more ships must be in proportion to the degree in which each ship is at fault.  However, if it is not possible to establish different degrees of fault, the liability must be apportioned equally. 

In case of loss of life or injury to any person on board a ship, the liability of the owners of the ships concerned and at fault is joint and several.  When the proportion of damages recovered from one ship-owner in such case exceeds the proportion in which the concerned ship was at fault, the said ship-owner can recover the excess amount by way of contribution from the ship-owners of the other ships to the extent the other ships were respectively at fault.

The master or person in charge of a ship that is involved in a collision must render assistance to the other ship, her master, crew and passengers as may be practicable to save them from any danger caused by the collision, without endangering his own ship, crew and passengers.

The master of the ship must immediately make an entry into the official log book of the occurrence of a collision.  Further, within 24 hours or as soon as possible after a ship suffers or causes an accident at sea resulting in loss of life, serious personal injury, or any material damage affecting the seaworthiness or efficiency of the ship or altering any of its machinery, the master must submit a report of the accident or damage and of its probable cause to the Central Government or the nearest principal officer. 

The owner or agent of an Indian ship who perceives that the ship has been wholly lost must, as soon as possible, submit a written notice to the Central Government regarding such loss and its probable cause. 

A suit for damages by the ship-owner against any vessel for collision on the high seas must be tried exclusively by the High Court on its admiralty side, regardless of whether the vessel is an Indian vessel or a foreign flag vessel (Kamlakar Mahadev v Scindia Steamship Navigation Co. Ltd. (AIR 1961 Bom 168)).

A suit for damages for loss of life as a result of collision on the high seas, whether in rem or in personam, falls within the exclusive jurisdiction of the High Court under its admiralty jurisdiction (Bai Kashibai & Ors. v Scindia Steamship Navigation Co. Ltd (AIR 1961 Bom 200)).

ii.         Pollution

Parts X–B, X–C and XI–A of the MSA deal with oil pollution – namely civil liability for pollution damage, the international oil pollution compensation fund and prevention and containment of oil pollution.  The provisions related to civil liability for oil pollution damage apply to every Indian ship and every foreign ship while it is at a port or place in India or within Indian territorial waters or any adjacent marine areas over which India has or may have exclusive jurisdiction in regard to control of marine pollution under the Territorial Waters, Continental Shelf, Exclusive Economic Zone and other Maritime Zones Act, 1976 or any other law in force.  India is a signatory to the International Convention on Civil Liability for Oil Pollution Damage, 1992. 

Apart from these, several rules concerning pollution have also been enacted, including:

  • The Merchant Shipping (Civil Liability for Oil Pollution Damage) Rules, 2008;
  • The Merchant Shipping (International Fund for Compensation for Oil Pollution Damage) Rules, 2008;
  • The Merchant Shipping (Prevention of Pollution by Garbage from Ships) Rules, 2009;
  • The Merchant Shipping (Prevention of Pollution by Sewage from Ships) Rules, 2010;
  • The Merchant Shipping (Prevention of Pollution by Harmful Substances Carried by Sea in Packaged Form) Rules, 2010;
  • The Merchant Shipping (Control of Pollution by Noxious Liquid Substances in Bulk) Rules, 2010; and
  • The Merchant Shipping (Prevention of Pollution by Oil from Ships) Rules, 2010.

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