ESSAR SHIPPING LTD. vs THE BOARD OF TRUSTEES FOR THE PORT OF CALCUTTA

The Supreme Court held that the liability for damages caused during the berthing of the vessel 'M.V. Chennai Nermai' at Haldia Port rests with the vessel and its Master under the applicable port regulations. The Court emphasized that the Master’s acceptance of liability 'under protest' does not absolve the vessel from responsibility, as per the provisions of the Calcutta Port Trust Rules. The appeal against the High Court's decision to set aside the decree of the Single Judge was dismissed, affirming the liability of the vessel for the damages caused.