Page 49 - The Insurance Times December 2024

Liability Insurance

When extra liability is added gain for Indian

exporters

T he International Civil Aviation Organization (ICAO) - a rency of any specific country. The conversion rate is about
Rs. 111.66 for 1 SDR.
United Nations agency that helps 193 countries coop-
erate and share their skies for their mutual benefit - has The revised liability limits are:
raised the liability limits under the Montreal Convention with
Article 21 (death or injury to passenger) - raised from
effect from December 28.
SDR 1,28,821 to SDR 1,51,880;
This move will benefit Indian exporters, who can negotiate
Article 22 Para 1 (damage caused by delay in carriage
better marine insurance premiums for air shipments as any
subrogation will increase the realisable component for the of passenger/ baggage or cargo) - raised from SDR
5,346 to SDR 6,303;
underwriter.
Article 22 Para 2 (loss/ destruction/ delay of checked
International conventions in the field of transport define the
various responsibilities cast upon a consignor and carrier, baggage) - raised from 1,288 to SDR 1,519;
especially for international transport. National legislation Article 22 Para 3 (loss/ destruction/ damage to cargo)
often mirrors these responsibilities. - raised from SDR 22 to SDR 26 per kg of gross weight
A key area codified in these conventions is the liability limits of the cargo declared in the airway bill.
of the carrier (airlines) for loss/ harm to the life and prop- An Indian exporter whose air consignment is lost or de-
erty in their custody during transportation. stroyed during transit without an insurance cover can re-
International air transportation is governed under the ceive directly from the airline a compensation of about Rs.
Montreal Convention of 1999, which replaced the Warsaw 111.66 per kg of the declared gross weight. SDR 26 will be
Convention of 1929. The Montreal Convention establishes about Rs. 2,900.
airline liability in the event of death or injury to passengers, Unlike in marine transportation, where freight is calculated
as well as delay, damage or loss of baggage and cargo. It on the higher value of weight or volume, in air transporta-
unifies the many international treaty regimes covering air- tion a ratio of 1:6 is applied in calculating the chargeable
line liability that had developed haphazardly since 1929.
freight (for example, 1 kg will be 6,000 cubic cm). If this ratio
India is a signatory to the Montreal Convention, which en- is exceeded, then the freight is collected on the volume
shrines various articles (statutes) covering air transport of weight.
passenger/ baggage and cargo. The Montreal Convention
is also designed to be revised once in five years to adjust for Enhanced Limit
inflation. To determine the limitation of liability, only the actual gross
weight of the consignment is considered, not the charge-
Articles 17 to 24 deal with the liability limits on an air trans-
porter, including death/injury of passenger, damage to bag- able weight, for calculation of freight. There are provisions
for the ship to enhance the liability limit by paying an addi-
gage, damage to cargo, and delays.
tional valuation charge apart from freight charge.
Revised Limits
This increase in liability limit is also beneficial to underwrit-
There is an inbuilt provision in the convention for the peri- ers in the realisation of subrogated claims from shippers who
odic revision of the liability limits. have insurance cover and face loss or damage to freight
It may be noted that the limits of liabilities are in the World during transportation. It will aid the shippers in seeking lower
Bank currency SDR (special drawing rights) and not the cur- premiums for their marine policies.

44 December 2024 The Insurance Times