Merchant Shipping Act,1958
Act No : 44
Section :
Liability of owner.
352I. Liability of owner. (1) Save as otherwise provided in sub- sections (2), (3) and (4), the owner at the time of an incident, or, where the incident consists of a series of occurrences, at the time of first of such occurrences, shall be liable for any pollution damage caused by oil which has escaped or been discharged from the ship as a result of the incident. (2) No liability for pollution damage shall attach to the owner under sub-section (1), if he proves that the pollution damage-- (a) resulted from an act of war, hostilities, civil war, insurrection or a natural phenomenon of an exceptional, inevitable and irresistible character; or (b) was wholly caused by an act or omission done with intent to cause such damage by any other person; or (c) was wholly caused by the negligence or other wrongful act of any government or other authority responsible for the maintenance of lights or other navigational aids in exercise of its functions in that behalf. (3) Where, with respect to any incident, the owner proves that the pollution damage resulted, either wholly or partially, from an act or omission done, with intent to cause such damage, by the person who suffered damage, or from the negligence of that person, the owner shall be exonerated wholly or, as the case may be partially, from liability to that person. (4) Where in any incident, pollution damage results from escape or discharge of oil from two or more ships, the owners of all such ships shall be jointly and severally liable for all such damage which is not reasonably separable. (5) No claim for pollution damage shall be made against any owner otherwise than in accordance with the provisions of this section. (6) No claim for pollution damage shall be made against any servant or agent of the owner.
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