COLLISION LIABILITY

                       When ever Collision Liability

                     by the fault of two or more ships, damage or loss is caused to one or more of them or to the cargo of one or more of them or to any property onboard one or more of them the liability to make good the damage or loss shall be in proportion to the degree in which each ship was at fault. If it is not possible to establish different degree of fault, the liability shall be apportioned equally.

                        Salvage or other expenses, consequent upon that fault, recoverable in law by way of damages.

                        When ever loss of life or personal injuries are suffered by any person onboard a ship owing to the fault of that ship and of any other ship or ships, the liability of the owners of the ship concerned shall be joint and several.

                        When a proportion of the damages is recovered from the owner of one ship, which exceed proportion in which she was at fault, the said owner may recover by way of contribution the amount of the excess from the owner of the other ship or ships to the extend to which those ship were respectively in fault.

                        In every case of collision between two ships it shall be duty of the master or person in charge of each ship, if and so far as he can do so without danger of his own ship, crew & passengers if any as to rendered to the other ship, her master crew & passengers if any.

            a)         To render to the other ship, her master crew & passengers, it any such assistance as may be practicable and may be necessary to save them from any danger caused by the collision.

            b)         To give to the master of other ships the name of his ship and of the port to which she belongs and also name of port from where she comes.

                        Immediately after collision occurrence, cause a statement thereof to be entered in official log book, signed by master and also by mate or one of the crew.

                        When ship has sustained or caused loss of life or any serious injury to any person or material damage or hull damage, effecting seaworthiness, the owner or master shall with in 24 hours transmit to the central Govt. or the nearest PO with full ship details non appearance of the ship, owner shall inform Govt. in writing with all ship details name, official no. port of Registry etc. Internal convention for unification of certain Rules of law with respect to collision between vessels, 1910 (Brussels) Ratified by India.

            1.         At least one vessel must be a sea going vessel, collision may take place any where.

            2.         In case of doubt or force majored damages are borne by those who suffered them even if one of them is at anchor or made fast.

            3.         If one of the vessel is at fault, liability attaches to her.

            4.         If two or more vessels at fault liabilities in proportion to the degree of faults resp. committed. If in doubt, liability is equal (MS act section 345).

            5.         Applicable to vessels, cargo, property of crew, passengers, other persons onboard, even third party and damages caused by death or injury (MS Act s-346)

            6.         Limitation of liability of ship owner to persons on board is left to each country (MS act s-345).

            7.         Liability attaches when damage caused by pilot's fault even it compulsory.

            8.         Right of action for recovery not subject to fulfillment of any special formality.

            9.         Barred after two years. Action for recovery of other ships contribution barred after one year from date of payment can be extended by the law of court.

            10.       Master is bound to render assistance to vessel, crew and passengers of other vessels, exchange names, port of Registry and ports from and to (MS Act s-348)

            11.       Without prejudice to ship owners limitation of liability or obligations arising from contracts of carriage (MS act -345)

            12.       Application for damages even when no collision actually takes place.

                        3/4 Collision Liability : Clause -6

                        Provides that underwriters will pay for 3/4 of any.

                        Loss or damage to another vessel or property on it.

                        Delay to or loss of use of another vessels or property on it.

                        General average of another vessel or property on it.

                        Salvage or salvage under contract of another vessel or property on it.

                        Where the payment by the assured is a result of a collision with the other vessel.

                        Can be extended to 4/4 th cover (if clause 40 is expressly agreed to in writing by the underwriters.

                        was formally called, and is still often referred to as, the running down clause or (RDC).

                        was originally intended by under writers to make ship owners more careful with the navigation of there vessels, since they would be carrying a quarter of the risk themselves.

                        The one fourth of liability not covered by the underwriters under the policy is normally insured under the ship owner's normally insured under the ship owner's P & I club policy.

                        Sister ship : Clause 7 :

                        Allows vessels owned wholly or party by the same owner, or under the same management, to be treated in the event of collision or salvage as if they were owned by different companies. In such cases liability is to be referred to  a mutually agreed rule arbitrator.

                        Conflicts of law : When collision take place in international water, it become difficult to decide that which ships, flag / state law will apply or law of near coastal / state will apply.