Recently, due to unresolved claims related to the sinking incident of the MSC Elsa 3, the High Court of Kerala, India, once again briefly detained a vessel under the flag of Mediterranean Shipping Company (MSC).
It is reported that four Indian fishermen recently filed claims with the High Court, stating that their fishing boats were damaged by underwater floating debris from the sinking of the MSC Elsa 3. According to separate petitions submitted, the fishermen claimed that the floating debris not only damaged the hulls but also entangled in their fishing nets, causing severe destruction and leading to the loss of metal chains, cables, and other fishing gear.
The fishermen requested the detention of the MSC Palermo (with a capacity of 15,576 TEU), which was docked at Vizhinjam Port, pending a ruling by the High Court of Kerala, India. On August 12, the court ruled in favor of the plaintiffs and ordered the vessel’s detention. MSC subsequently posted bail of approximately $296,551, and the MSC Palermo was released on August 13 to continue its voyage.
This claim stems from the sinking of the MSC Elsa 3 on May 25 this year in the waters off southern India. Since the incident, four MSC vessels have been detained in India. In June, the MSC Polo II and MSC Manasa F were briefly detained due to separate claims, while the MSC Akiteta II has remained detained since July 8 due to a lawsuit filed by the Indian government seeking up to $1 billion in damages.
MSC has applied to consolidate all related cases and reserve space for potential future claims, citing the difficulty in estimating the final total compensation amount. The company has also contested the scope of claims by the Indian government regarding environmental restoration and cleanup costs, arguing that liability should be capped at $14 million based on the value of the involved vessel.
The Directorate General of Shipping (DSG) of India recently reported that another lost container from the incident was found floating at sea and successfully recovered. At least 60 containers have already been salvaged offshore or washed ashore, while large quantities of plastic pellets and other debris have been found on coastal beaches. Salvage operations are entering a critical phase, with a new team set to conduct saturation diving to extract oil from the fuel tanks.
The impact of the incident has crossed borders. Sri Lanka has reported that debris has drifted approximately 500 miles to its coastline and has initiated claims procedures. As multiple claims continue to escalate, MSC is expected to face increasing legal and operational pressures in South Asia.
