Indian Navy Fast Response Boat Collides with Ferry, Killing 13 People

On December 18th, an Indian Navy fast response craft collided with a ferry near the coast of Mumbai, causing the latter to capsize and resulting in at least 13 deaths.

Navy stated that the emergency response vessel was undergoing engine trials in Mumbai harbor at the time, but due to an engine malfunction, it lost control and collided with the ferry. The collision occurred while the ferry was heading towards Ko Chang near the Mumbai coast.

There were approximately 110 people on board, with 13 people killed, including one Indian Navy sailor and two OEM contractors on the response craft. A total of 101 people were rescued, among whom 4 were hospitalized due to critical conditions. The Indian government provided a condolence payment of 200,000 rupees (about $2,356) to the families of the deceased, and the injured received 50,000 rupees each.

 In a similar incident on November 22, 2024, an Indian fishing boat collided with an Indian Navy submarine near the coast of Goa. At the time of the accident, there were 13 crew members on the fishing boat. After the incident, the Indian Navy immediately carried out a search and rescue operation, successfully rescuing 11 crew members, while 2 remain unaccounted for.

Indian Military Ships Continue to Suffer Accidents

In fact, aside from maritime incidents such as collisions, groundings, and fires, accidents at shipyards are also occurring frequently within the Indian Navy.

On the evening of July 21, 2024, a multi-role frigate of the Indian Navy caught fire during an upgrade at the Mumbai Naval Shipyard. It was not until the early morning of July 22 that the fire was successfully brought under control. That afternoon, the ship severely listed to port and ultimately sank. The incident resulted in the death of a sailor and injuries to at least 9 others.

In addition to these major safety incidents that led to the damage and sinking of the ship, other safety accidents at the Mumbai Naval Dockyard have been continuous. On January 18, 2022, an explosion occurred on an Indian Navy destroyer while it was docked at the Mumbai Naval Dockyard, causing 3 deaths and 11 injuries. On December 5, 2016, a missile frigate slipped from its supports while undergoing modifications in a dry dock at the Mumbai Naval Dockyard, capsizing to port and resulting in the death of two crew members, 15 injuries, and damage to the ship's main mast.

When analyzing the reasons behind the continuous accidents involving Indian naval vessels at shipyards, the U.S. Naval News website stated that safety issues are particularly critical when ships are undergoing maintenance or upgrades at shipyards. During these periods, construction areas on the ships typically engage in activities such as welding or cutting, which can easily trigger fires. If preventive measures are not in place and there are insufficient personnel and equipment, safety accidents are likely to occur.

Indian media acknowledged that Indian shipbuilding enterprises face significant issues such as inadequate technological accumulation, lax management, and insufficient employee training, which are the main reasons for the successive accidents during the construction and maintenance of Indian naval vessels. At the same time, Indian naval vessels lack experience and safety awareness in design, with internal pipelines often haphazardly arranged and electrical wires not strictly separated from flammable materials. These safety hazards directly affect the survivability of the vessels when damaged. Moreover, the Indian Navy itself has also shown obvious negligence in safety management.

Responsibility in Collisions between Warships and Cargo Ships

Apart from India, collisions between warships and cargo ships have also occurred in other countries.

On October 27, 2020, a container ship flying the Portuguese flag collided with a minesweeper in the Saronic Gulf. The Greek Navy reported that two sailors were injured in the accident, while the remaining 27 people were unharmed. In 2017, a U.S. Navy destroyer collided with a cargo ship. In August 2000, an Uruguayan Navy minesweeper collided with a 20,000-ton cargo ship, splitting the warship in half.

Collisions between warships occur almost every year, so who bears more responsibility when a warship collides with a cargo ship while sailing at high speed at sea?

When a warship and a cargo ship meet and there is a possibility of collision, it is best for the warship to take the initiative to avoid the cargo ship in advance. Taking the U.S. Seventh Fleet as an example, the fleet had three collision incidents in 2017. After investigation, it was found that at the time, the U.S. warship was sailing at high speed at sea, and the crew did not notice that they had entered the cargo ship's route, nor did they change the route in time. Therefore, the U.S. warship, which was both the perpetrator and the victim, took full responsibility.

Legal Application in Collisions between Warships and Merchant Ships

The legal application in collisions between warships and merchant ships mainly relies on laws such as the General Rules of the Civil Law of the People’s Republic of China, the General Principles of the Civil Law of the People’s Republic of China, and the Tort Liability Law of the People’s Republic of China, rather than the Maritime Code of the People’s Republic of China. According to the provisions of Chapter 8 on ship collisions in the Maritime Code of the People’s Republic of China, if one party in the collision is a vessel used for military or government service, the responsibility of the colliding parties cannot be determined according to the Maritime Code of the People’s Republic of China.

Article 121 of the General Principles of the Civil Law of the People’s Republic of China stipulates that state organs or state organ staff who infringe upon the legitimate rights and interests of citizens or legal persons and cause damage while performing their duties shall bear civil liability. Article 106 stipulates that citizens or legal persons who infringe upon the property of the state, collectives, or others, or the person of others due to fault, shall bear civil liability. If there is no fault, but the law stipulates that civil liability should be borne, civil liability shall be borne. Article 117 stipulates that if the property of the state, collectives, or others is damaged, it shall be restored to its original state or compensated at a price. If the victim suffers other significant losses as a result, the infringer shall also compensate for the losses. Article 119 stipulates that if a citizen's body is harmed, medical expenses, income reduced due to missed work, living allowances for the disabled, and other expenses shall be compensated; in the event of death, funeral expenses and necessary living expenses for those supported by the deceased before death shall also be paid.

According to the above provisions of the General Principles of the Civil Law of the People’s Republic of China, it can be seen that the responsibility for collisions between warships and merchant ships is applicable as follows:

First, the principle of fault liability. In principle, the infringement of personal and property damage is subject to the principle of fault, unless otherwise stipulated by law. Article 132 of the General Principles of the Civil Law of the People’s Republic of China stipulates: If neither party is at fault for causing damage, the civil liability may be shared by the parties according to the actual situation. This is a provision of the principle of fairness, and the condition for applying this clause is that neither party is at fault in the collision of ships, which is rare in ship collisions.

Second, the principle of actual compensation. The damage to the property of the state, collectives, or individuals caused by infringement is subject to the principle of actual compensation, unless otherwise stipulated by special laws. The General Principles of the Civil Law of the People’s Republic of China does not stipulate the issue of the liability limit of the infringer, and this principle is not related to the nature of property ownership.

However, the fact that the collision liability between merchant ships and warships is not applicable to Chapter 8 of the Maritime Code of the People’s Republic of China does not mean that the determination of fault, division of responsibility, and limitation of liability related to collisions with warships are not applicable to the provisions of the Maritime Code of the People’s Republic of China.

In the event of a collision between a merchant ship and a warship, the merchant ship is subject to the provisions of Chapter 11 on limitation of liability for maritime claims in the Maritime Code of the People’s Republic of China. From a textual interpretation, the Maritime Code of the People’s Republic of China excludes military and government service vessels from the concept of “vessels” in Article 3 of the general provisions; in Article 204, it is stipulated that “the shipowner or salvor may limit their liability for maritime claims listed in Article 207 of this law in accordance with the provisions of this chapter.” Combining these two articles, by incorporating the definition of ships in Article 3 of the Maritime Code of the People’s Republic of China into the provisions of Article 204, a literal understanding is that the owner of a warship cannot enjoy the right to limit liability, while the owner of a merchant ship can enjoy the right to limit liability. Therefore, there is room for the application of the Maritime Code of the People’s Republic of China in the issue of liability limitation arising from collisions between warships and merchant ships.

In view of the recurring accidents between warships and civilian vessels, both warships and civilian vessels should actively observe and communicate when sailing in overlapping route areas to ensure the safety of navigation. Warships should make full use of their advanced radar and navigation equipment to timely detect and identify the position and dynamics of civilian vessels, actively adjust their routes and speeds, and avoid collisions with civilian vessels. At the same time, civilian vessels should also remain highly vigilant, comply with maritime traffic rules, and promptly report their positions and navigation intentions to warships so that warships can take corresponding avoidance measures. Both parties should strengthen information sharing and coordination to jointly maintain maritime traffic order and ensure navigation safety.

Note: The currency exchange rates mentioned in this article are the exchange rates on December 19, 2024.