In Brief
On 27 August 1987, the vessel M.V. Chennai Nermai collided with a coal loader while berthing at Haldia Dock, damaging the loader. The Port Trust claimed the Master alone was negligent for failing to inform the Berthing Master that the vessel had been deballasted, exposing it to wind force. The Master argued multiple factors caused the accident. The Supreme Court held that a Government-appointed Expert Committee's finding of combined causation must prevail over attributing sole liability. The Court found the Berthing Master (an authorized Port officer) also negligent for failing to independently verify the vessel's draft before taking command. Since both parties contributed to the accident, the Master could not be held solely responsible. The appeal was allowed and the trial court's judgment restored."}
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