Marine Insurance Act, 1963
41. Warranty of seaworthiness of ship
(1) In a voyage policy
there is an implied warranty that at the commencement of the voyage the ship
shall be seaworthy for the purpose of the particular adventure insured.
(2) Where the policy
attaches while the ship is in port, there is also an implied warranty that she
shall, at the commencement of the risk, be reasonably fit to encounter the
ordinary perils of the port.
(3) Where the policy
relates to a voyage which is performed in different stages, during which the
ship requires different kinds of or further preparation or equipment,
there is an implied warranty that at the commencement of each stage the ship is
seaworthy in respect of such preparation or equipment for the purposes of that
stage.
(4) A ship is deemed
to be seaworthy when she is reasonably fit in all respects to encounter the
ordinary perils of the seas of the adventure insured.
(5) In a time policy
there is no implied warranty that the ship shall be seaworthy at any stage of
the adventure, but where, with the privity of the assured, the ship is sent to
sea in an unseaworthy state, the insurer in not liable for any loss
attributable to unseaworthiness.