Section 157
Right of contribution.
The Merchant Shipping Act, 2025
About this Act
An Act to consolidate and amend the law relating to merchant shipping to ensure compliance with India's obligation under the maritime treaties and international instruments to which India is a party and also to ensure the development of Indian shipping and efficient maintenance of Indian mercantile marine in a manner best suited to serve the national interest and for matters connected therewith or incidental thereto.
(1) Whenever loss of life or personal injuries are suffered by a person onboard a vessel owing to the fault of that vessel and of any other vessel and a proportion of the damages is recovered from the owner of one of the vessels which exceeds the proportion in which she was in fault, the said owner may recover by way of contribution the amount of the excess from the owners of the other vessels to the extent to which those vessels were respectively in fault:
Provided that no amount shall be so recovered which shall not, by reason of any statutory or contractual limitation of, or exemption from, liability or which shall not for any other reason, have been recovered in the first instance as damages by the persons entitled to sue therefor.
(2) In addition to any other remedy provided by law for the time being in force, the person entitled to any contribution under sub-section (1) shall, for the purpose of recovering the contribution, have subject to the provisions of this Act, the same rights and powers as the persons entitled to sue for damages in the first instance.
Provided that no amount shall be so recovered which shall not, by reason of any statutory or contractual limitation of, or exemption from, liability or which shall not for any other reason, have been recovered in the first instance as damages by the persons entitled to sue therefor.
(2) In addition to any other remedy provided by law for the time being in force, the person entitled to any contribution under sub-section (1) shall, for the purpose of recovering the contribution, have subject to the provisions of this Act, the same rights and powers as the persons entitled to sue for damages in the first instance.