Indian Court Renders Decision on Carrier's Responsibility

Monday, April 14, 2003
The high court in Kerala, India, has rendered a landmark decision holding that the burden of narrating what happened on board a vessel on the high seas in the lead-up to a fire and consequent loss of cargo is upon the shipowner. The case related to short-delivery due to fire in a cargo of ammunition comprising charges, fuses and projectiles on board the vessel 'Indian Grace' during its voyage from Udevella to Cochin. The division bench comprising Justice K S Radhakrishnan and Justice K Padmanabhan Nair held that it was the bounden duty of the carrier to explain in what manner the fire occurred on board the ship, and that the said onus could not be shifted to the plaintiff (government of India). Their lordships took note of the statement in the deposition of Richard Knott of Brooks Bell and Co that the fire could have originated from a discarded lighted cigarette tossed by the stevedores through the channel of the ship leading to the bottom of the hold, where a cargo of paper pulp was stowed. The high court rendered its judgment in an appeal brought by the shipowner against the judgment of the trial court which had found the shipowner negligent in stowing together cargo comprising ammunition and paper pulp. The trial court declined to acknowledge the validity of a certificate issued by Swedish port authorities evidencing that the vessel was stowed in accordance with the IMDG Code. Dismissing the appeal, the high court deviated from its earlier reported decisions wherein it had been held that, once the shipowner has discharged its burden of proving that the loss occurred as a result of an excepted peril, the onus would then shift to the cargo owner to show that the carrier was not entitled to the benefit of exceptions under Article IV Rule 2 (b) of the Hague Rules scheduled to the Indian Carriage of Goods by Sea Act, 1925. The contention of the shipowner that it was not liable as per the terms of contract and the law for any loss resulting from the negligence of its servants and agents was rejected by the court. Source: Maritime Advocate
Maritime Reporter September 2014 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

Legal

MHI to Change Name of Group Company

Effective November 1 Mitsubishi Heavy Industries, Ltd. (MHI) will change the name of its group company in Singapore from Mitsubishi Heavy Industries Engineering & Services Private Ltd.

NAO Announces Financials, Declares Dividend

Nordic American Offshore Ltd. has declared a dividend of $0.45 per share for 3Q2014, as previously announced. This is the same dividend as for the previous two quarters.

Kirby Corp. Announces Record 3Q Results

Record 2014 third quarter earnings per share of $1.34 compared with $1.21 in the 2013 third quarter, which included a $0.08 benefit due to the reduction of the United earnout liability.

Marine Electronics

AVEVA E3D Takes Center Stage

Customer case studies combine with advances in asset visualization and cloud technologies to showcase a new era in the creation and management of complex Digital Assets.

Aquarius MAS with Marine Solar Power Installed on Delos

Eco Marine Power together with strategic partners has installed an Aquarius Management & Automation System (MAS) integrated with a marine solar panel array on-board the Blue Star 'Delos'.

New Videoconferencing Kits Offer Medical Lifeline

DigiGone, a communication solution provider specializing in secure video transmission, introduced its new remote telemedicine kits for marine, aviation and land-based applications.

 
 
Maritime Careers / Shipboard Positions Maritime Contracts Maritime Security Maritime Standards Pipelines Pod Propulsion Ship Electronics Ship Simulators Sonar Winch
rss | archive | history | articles | privacy | terms and conditions | contributors | top maritime news | about us | copyright | maritime magazines
maritime security news | shipbuilding news | maritime industry | shipping news | maritime reporting | workboats news | ship design | maritime business

Time taken: 0.1183 sec (8 req/sec)