Abstract:
This paper will review the current civil liability regime adopted by
Malaysia for passenger carriage by sea, in reference with MIMA
proposal in 2011 for a new liability regime and compulsory insurance,
because of the following statement of needs: increasing number of
maritime accidents, insufficient limit of claims, negative Government
impression, smaller operators' risk of insolvency, settlement delay,
and pending of large number of insurance cases. The designation of
the research was to provide evidence to support this paper in four
ways: by means of survey, interview, information collecting, and
consultation. The analysis of data collected has yielded the results
which can be divided into four main sections: the background
information on recent maritime accidents, the passenger insurance
coverage by domestic passenger carriers, the awareness of maritime
passengers in insurance protection, and the satisfaction level with
compensation among victims. The analysis also evaluated
arguments for and against the introduction of a no-fault scheme with
a focused discussion on the requirement of sufficient compensation
of liability in context of alternative arguments supporting the
introduction of a no-fault scheme.
