Consideration of Fault and Determination of Damages Based on the Proportionality Principle under the Civil Liability and Damages from Ship Collisions Act B.E. 2548: A Case Study of Red Case No. GorKor.112/2550

Abstract

This article presents a case study based on a judgment from the Central Intellectual Property and International Trade Court, illustrating the nature of judicial consideration and decision-making in collision cases under the enforcement of laws on the prevention of ship collisions as well as civil liability and damages arising from such incidents. The parties involved in this case include an oil tanker and two motorized vessels engaged in towing several barges. The incident occurred on the Chao Phraya River at the Phra Padaeng bend, a sharp turn with visibility constraints, where motorized vessels towing barges frequently cross the river. Due to these conditions, the court had to conduct a thorough examination of the case to determine the appropriate proportion of fault among the parties in accordance with the relevant legal provisions.