Strengthening Legal Framework For Liability And Insurance For Maritime Accidents
- IJLLR Journal
- 3 hours ago
- 2 min read
Jeswino Justin, B. Com LL.B., Christ Academy Institute of Law, Bangalore
Geethanajaly Surjith, BBA LL.B., Christ Academy Institute of Law, Bangalore
ABSTRACT
Frequent recurrence of maritime accidents in India posts a significant question of liability and insurance in maritime law. Considering the rapid growth in maritime trade and reported events of collisions, oil spills and cargo losses give rise to the pressing need of an adequate legal and institutional framework considering maritime insurance and liability. This paper revolves around the effectiveness of mechanisms in India for maritime claim settlements, compensation and enforcement, with specific focus on Maritime Insurance Act, 1963, the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 and the Merchant Shipping Act, 2025. These statutes shape the contours of maritime liability and insurance in Indian context. The paper also focuses challenges that falls under maritime law perspective such as environmental damage and cross-border disputes which act as a barrier in allocation of liability and adequacy of insurance coverage. In order to attain a broader idea of India’s position, a comparative analysis with key international conventions such as Civil Liability Convention (CLC), the Oil Bunker Pollution Convention and the Convention on Limitation of Liability for Maritime Claims (LLMC) is also addressed in this research. This comparative study will help to analyse the areas of improvement for maritime law in India to improvise itself in the global front. These findings further equipped the research to propose effective recommendations and reforms to strengthen India’s maritime liability and insurance regime. By opting a method of doctrinal analysis with practical implications, this research paper can be considered to be insightful and relevant to the stakeholders in the matter.
Keywords: Maritime liability, Marine Insurance, Shipping accidents, Collision, International Convention, India
