Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0] [Entire Act]

Union of India - Section

Section 21 in The Merchant Shipping (Wrecks and Salvage) Rules, 1974

21. Determination of amount due as salvage.

(1)Save where there exists an express agreement between the owner and salvor, the amount of salvage due to any person under the provisions of section 402 of the Act shall be determined having regard to the following considerations, namely:-
(a)nature and degree of danger to which human? life and or property saved was exposed;
(b)aggregate value of the property saved;
(c)sale proceeds of salved property where such property was sold;
(d)nature and degree of risk incurred by salvor;
(e)value of salvor's property engaged in salvage service an nature and degree of danger to which it was exposed;
(f)responsibilities incurred in performance of salvage service such as risk to insurance, liability to passengers or cargo or both through deviation or delay;
(g)loss incurred in performance of salvage service such as detention, loss of profitable 4rade, damage suffered by vessel, its equipment or gear;
(h)expenses properly incurred by salvor in furtherance of salvage service;
(i)expenses incurred by salvor towards loss of or injury to life or damage to property arising out of salvage service;
(j)skill shown by salvor in rendering service; and
(k)time spent and labour involved in rendering salvage service.
(2)Where clause (k) of sub-rule (1) is the only criterion on which salvage claim is based, no salvage shall be payable.