| Award 1142

Award N°1142 – Carriage of bagged rice under B/L – Shortage and damage – Substitution of debtor for indemnity of insurance purpose – Subrogated underwriters – Full head owner liability as carrier for wet cargo damages, liability to be shared for damages due to stevedore mishandling. It is not because the indemnity of insurance has been paid to a third party privy to the C-P, that subrogated underwriters have lost their title to sue. If, following the 1924 Convention, the owner bears only part liability for shortage and damage to cargo due to mishandling by stevedores, it bears full liability for mould damages because the carrier must make the ship seaworthy and make the holds fit and safe in order to prevent cargo sweat.