VidhiSangh

Supreme Court of India · 15/02/2019

ESSAR SHIPPING LTD. versus THE BOARD OF TRUSTEES FOR THE PORT OF CALCUTTA

[2019] 2 S.C.R. 254 · 2019 INSC 203

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Summary

The Court restored the shipowner’s decree and set aside the Port Trust’s successful counterclaim for damage to a coal loader during berthing. The master’s failure to report deballasting was not the sole cause: the experienced Berthing Master also failed to check the vessel’s draft, and unusual environmental and operational factors contributed. The expert committee’s overall assessment supported the trial court’s approach rather than placing the entire blame on the shipowner.

Issues

  1. Whether the ship’s master alone was responsible for the collision and consequent damage.
  2. Whether the appellate court properly displaced the trial court’s assessment of the expert report and berthing duties.

Provisions considered

Held

Result

Appeal allowed; Division Bench judgment and counterclaim decree set aside and the Single Judge’s judgment and decree restored. No costs.

Judgment PDF: Supreme Court of India, [2019] 2 S.C.R. 254.