Mediterranean Shipping Company (MSC) has informed the High Court that the Kerala government lacks jurisdiction over the ELSA 3 cargo vessel’s capsizing, which occurred approximately 14.5 nautical miles off the coast, outside India’s territorial waters. This assertion responds to an admiralty suit filed by Kerala, which seeks ₹9,531 crore in damages for claimed environmental and economic losses from the incident on May 25.
MSC described the state’s compensation claim as speculative and unsupported, arguing that responsibilities for offshore marine protections rest solely with the central government. It maintained that the capsizing resulted in negligible environmental impact, with a minimal observed oil sheen that is likely diesel or mechanical oil. Additionally, the state pollution control board found no significant deterioration in seawater quality, and the central government did not impose any fishing bans after the incident, challenging Kerala’s claims of economic losses.
The company labeled Kerala’s fishing ban as arbitrary, noting that it overlapped with a seasonal monsoon restriction. MSC emphasized that only 13 containers carried hazardous materials, which are believed to be safely submerged without leakage. Furthermore, MSC contested the High Court’s arrest of the MSC MV Akiteta II, arguing it is owned by another entity and unrelated to the ELSA 3 incident, asserting that liability should not fall on them.
