Section 216
Limitation of liability of 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) The liability of the Fund under section 215 shall be subject to the limits specified in Article 4 of the Fund Convention.
(2) Upon institution of a claim for compensation under this Chapter, the High Court shall issue notice to the Fund and such Fund shall be entitled to participate in the proceedings.
(3) No order shall be passed against the Fund by the High Court until the Fund notifies the High Court that the amount of the claim may,—
(a) not be reduced; or
(b) be reduced to a specified amount and the liability of the Fund shall be enforceable only for the reduced amount.
(4) The amount for which the Fund is liable under this Chapter shall be paid in rupees and the mode and manner of converting such amount from Special Drawing Rights into rupees shall be such as may be prescribed.
(2) Upon institution of a claim for compensation under this Chapter, the High Court shall issue notice to the Fund and such Fund shall be entitled to participate in the proceedings.
(3) No order shall be passed against the Fund by the High Court until the Fund notifies the High Court that the amount of the claim may,—
(a) not be reduced; or
(b) be reduced to a specified amount and the liability of the Fund shall be enforceable only for the reduced amount.
(4) The amount for which the Fund is liable under this Chapter shall be paid in rupees and the mode and manner of converting such amount from Special Drawing Rights into rupees shall be such as may be prescribed.