Section 169
Limitation of liability without constitution of a limitation fund.
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) Limitation of liability may be invoked notwithstanding that a limitation fund has not been constituted under section 168.
(2) In case the right to limitation of liability is invoked without the constitution of a limitation fund under section 168,—
(a) the High Court shall adjudicate each claim for its full proven amount and declare the right of the person liable to limit his liability and for the purpose of enforcement, the amount of limitation shall be applicable to the respective claims; and
(b) the claimant shall not be barred from taking other action in respect of such claims.
(3) Section 171 shall not be applicable unless a limitation fund is constituted under section 168.
(2) In case the right to limitation of liability is invoked without the constitution of a limitation fund under section 168,—
(a) the High Court shall adjudicate each claim for its full proven amount and declare the right of the person liable to limit his liability and for the purpose of enforcement, the amount of limitation shall be applicable to the respective claims; and
(b) the claimant shall not be barred from taking other action in respect of such claims.
(3) Section 171 shall not be applicable unless a limitation fund is constituted under section 168.