How to Claim Cargo Damage as Destroyed in Liner Company Custody Due to Illegal Holding of Bill of Lading

High Court Sabah & Sarawak Kota Kinabalu

Thus, the 5th Defendant is not a joint tortfeasor and is not liable for contribution towards the liability for the Plaintiff's claim against the 1st Defendant for the damage sustained by the insured cargo. ... [284] It is undisputed that the Plaintiff suffered loss and damage by reason of the damage to the insured cargo. ... The third-party meaning the insurance cover if our vessel hit ....

High Court Sabah & Sarawak Kota Kinabalu

Thus, the 5th Defendant is not a joint tortfeasor and is not liable for contribution towards the liability for the Plaintiff's claim against the 1st Defendant for the damage sustained by the insured cargo. ... [284] It is undisputed that the Plaintiff suffered loss and damage by reason of the damage to the insured cargo. ... The third-party meaning the insurance cover if our vessel hit ....

High Court Malaya Kuala Lumpur

[2] On or around 5 May 2019, the plaintiff's cargo carried onboard the vessel, MV Asian Trader, whilst sailing from Port Klang to Batam, Indonesia, had encountered heavy weather which resulted in the loss and damage to the entire cargo. ... [59] The fact that the 2nd defendant had not rejected the plaintiff's claim and had wanted to wait for the 1st defendant's decision on the plaintiff's claim cannot a....

2024 0 Supreme(Mad) 2155

loss / damage to the Cargo as per the above breakdown. ... Hence, they are not entitled to claim under sue and labour clause. vi) Water Damage There was water damage to the cargo due to rain even before the commencement of insurance. ... Hence, this Court is of the view that the plaintiff is entitled to the claim amount of Rs.1,41,23,052/- under the head of loss / #HL_S....

Common carrier-Cargo consigned to plaintiffs landed by defendant-No contract between defendant and plaintiffs-Defendant liable to plaintiffs for damage done to cargo-Shipping. ... Held, that the defendant Company was liable to the plaintiffs for damage caused to the cargo, though there was no contract between plaintiffs and the defendant Company. ... The plaintiffs claim as da....

Water was pumped into the hold in order to extinguish the fire and save the cargo and the ship, and damage was done to the cargo in the process. The appellants admit that the fire was due to the escape of the nitric acid. ... As soon as the damage was done, marine surveyors were called in to advise. The cargo was dealt with in accordance with their recommendations. The general average contribution wa....

2024 Supreme(BD)(SC) 14546

EXHIBIT- 17 even indicated its willingness to entertain the claim

Consumer

However, thereafter insurer had series of communication with regard to cause of damage and it’s coverage under the policy and subsequently insurer had repudiated claim vide letter dated 3/2/2014. ... (Cargo)- 1.1.82 Institute Classification clause – 01.01.2001 Cargo ESM Endorsement FOB Clause Institute Replacement clause Special Conditions /warranties/ Exclusions: Cargo ISM forwarding charging clause, ....

Court of Appeal Putrajaya

to the cargo carried by the vessel- "[26] The defendants gave their version on the cause of the damage to the cargo. ... (vii) The fact that the defective passage plan involves neglect or default in 'the navigation of the ship' within the art IV, r 2(a) exception is no defence to a claim for loss or damage caused by unseaworthiness (see paras [118]-[119]). ... of the rupture of the oil pipeline giving ri....

2024 Supreme(US)(ca6) 206

Century filed a claim with the underwriters of its maritime cargo insurance policy, referred to collectively as Lloyd’s of London, for these unanticipated shipping expenses. ... Most of that cargo sits on massive barges, each of which hauls as much dry cargo as sixteen railway cars or seventy trucks. ... Nor has Century alleged any damage. All of the alumina arrived at Century’s facilities no worse for th....

2015 0 Supreme(Bom) 555

If the Marshal arrests a ship which is in the process of loading cargo he will, as a matter of practice, warn the ship's agent not to continue loading if the writ in the action has been issued by mortgagees. He gives this warning because of the high probability that there will be an order for the sale of the ship. The Admiralty Marshal will not stop the discharge of cargo except when the writ is in respect of a claim for salvage. In a claim for salvage the cargo will be arrested unle....

2015 0 Supreme(Del) 298

This FN contained the terms and conditions which clearly mentioned that the terms were governed by the Railways Act, 1989. It is stated that other exporters had contacted the answering defendant and settled their grievances. Any loss or damage, if caused to the cargo shall be dealt with under the said Act. It was not denied that an accidental fire had broken out on 10.04.2010 in the ICD godown of defendant No.1 at Tughlakabad and the consignment of the plaintiff had also been....

2014 0 Supreme(Ker) 987

"Under the Admiralty Court Act, 1861, claim for damage to cargo is under S. 6. If S. 6 is the relevant provision this Court will have jurisdiction in the matter only if the owner or part owner of the ship is not domiciled in India. The learned counsel for me defendants have invited me attention of this Court to the decision in Kuwait International Finance Company Vs. M.V. Lakshmi Sagar wherein it was held: As per S. 2 of the Colonial Courts of Admiralty Act, in place of the w....

2014 0 Supreme(Bom) 683

The leading authority in regard to a claim in negligence for loss or damage to cargo is the case of Aliakmon (1986) Vol. Thus, for the plaintiff to maintain a claim in negligence, he must show that he either had legal ownership of or a possessory title to the property or goods or cargo, whatsoever one may call, at the time when the loss or damage occurred. 2 Lloyds Law ReportsPg.1) in which the House of Lords has on page 4 set out the legal position : “My Lords, there is a lo....

2013 0 Supreme(Bom) 287

The only reason that can be suggested for such a proposition is, that, the owner of the ship being responsible for the whole extent of the damage, it is competent for this Court to attach his property wherever found, to levy upon his goods and chattels. The second question is, whether, supposing the cargo belongs to the owner of the ship doing the damage, the cargo can be attached to satisfy the decree of the Court against the ship. I have no hesitation, therefore, in decidin....