MASTER EXAM ORAL QUESTIONS AND ANSWERS - LATEST QUESTIONS | Page 80

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Whenever a complaint is made to an Indian Consular Officer or a senior officer of Indian navy by the Master or any member of an Indian ship regarding
%uF0D8 The interest of ship owner, cargo owner being in danger
%uF0D8 Any incompetency or misconduct against a Master or any officer
%uF0D8 Any loss of life or serious injury on board
%uF0D8 When any Indian ship is lost, abandoned or stranded.
The consular officer or a naval officer shall convene a board of marine enquiry.
It consists of an officer convening the board & 2 other marine officers (maritime or mercantile officer)
The board has the powers to investigate, remove master or any crew member and can order a further survey.

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THE MULTIMODAL TRANSPORTATION OF GOODS ACT, 1993

The multimodal transport operator shall be liable for loss resulting
from
(a) any loss of, or damage to the consignment;
(b) delay in delivery of the consignment and any consequential loss or damage arising from such delay, where such loss, damage or delay in delivery took place while the consignment was in his charge;
Provided that the multimodal transport operator shall not be liable if he proves that no fault or neglect on his part or that of his servants or agents had caused or contributed to such loss, damage or delay in delivery.


Where a multimodal transport operator becomes liable for any loss
of, or damage to, any consignment, the nature and value where of have not been declared by the consignor before such consignment has been taken in charge by the multimodal transport operator and the stage of transport at which such loss of damage occurred is not known, then the liability of the multimodal transport operator to pay compensation shall not exceed two Special Drawing Rights per kilogram of the gross weight of the consignment lost or damaged or 666.67 Special Drawing Rights per package or unit lost or Damaged, whichever is higher.

However, if the multimodal transportation does not, according to the multimodal transport contract, include carriage of goods by sea or by inland waterways, the liability of the multimodal transport operator shall be limited to an amount not exceeding 8.33 Special Drawing Rights per kilogram of the gross eight of the goods lost or damaged.

Where a multimodal transport operator becomes liable for any loss of, or damage to, any consignment, the nature and value whereof have not been declared by the consignor before such consignment has been taken in charge by the multimodal transport operator and the stage of transport at which such loss or damage occurred is known, then the limit of the liability of the multimodal transport operator for such loss of damage shall be determined in accordance with the provisions of the relevant law applicable in relation to the mode of transport during the course of which the loss or damage occurred.

Where delay in delivery of the consignment occurs under any of the
circumstances , or any consequential loss or damage arises from such delay, then the liability of the multimodal transport operator shall be limited to the freight payable for the consignment so delayed.

If the consignment has not been delivered within ninety consecutive
days following the date of delivery expressly agreed upon or the reasonable time referred the claimant may treat the consignment as lost.