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352. Limitation of liability of owner for damage.- (1) The owner of a ship, whether an Indian ship or not, shall not, if any loss of life or personal injury to any person, or any loss of or damage to any property or rights of any kind, whether movable or immovable is caused without his actual fault or privity,-

(a) if no claim for damages in respect of loss of or damage to property or rights arises, be liable for damages in respect of loss of life or personal injury to an aggregate amount exceeding two hundred rupees for each ton of the ship's tonnage; or

(b) if no claim for damages in respect of loss of life or personal injury arises, be liable for damages in respect of loss of or damage to property or rights to an aggregate amount exceeding one hundred rupees for each ton of the ships tonnage; or

(c) if claims for damages in respect of loss of life or personal injury and also claims for damages in respect of loss of or damage to property or rights arise, be liable for damages to an aggregate amount exceeding two hundred rupees for each ton of the ship's tonnage:

Provided that in such a case claims for damages in respect of loss of life or personal injury shall, to the extent of an aggregate amount of one hundred rupees for each ton of the ship's tonnage, have priority over claims for damages in respect of loss of or damage to property or rights, and, as regards the balance or the aggregate amount of two hundred rupees for each ton of the ship's tonnage, the unsatisfied portion of the first mentioned claims shall rank pari pasu with the last-mentioned claims.

(2) The provisions of this section shall extend and apply to the owners, builders or other persons interested in any ship built at any port or place in India, from and including the launching of such ship until the registration thereof under the provisions of this Act.

(3) The provisions of this section shall apply in respect of claims for damages in respect of loss of life, personal injury and loss of or damage to property or rights arising on any single occasion, and in the application of the said provisions, claims for damages in respect of loss, injury or damage arising out of two or more distinct occasions shall not be combined.

(4) For the purposes of this section a ship's tonnage shall be determined in such manner as the Central Government may by general or special order, specify.

 

 

 

 

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