Cargo ship capsize: MSC Elsa 3 had severe stability issues while berthed at Vizhinjam port, Kerala HC told

Kochi: Adani Vizhinjam Port Pvt Ltd has informed Kerala high court that severe stability issues with MSC Elsa 3 had been noticed and communicated to the vessel’s master before it departed from Vizhinjam port, a disclosure that raises serious questions about the circumstances leading to its sinking off the Kerala coast on May 25, 2025.

According to a counter-affidavit filed by Adani Vizhinjam Port CEO Pradeep Jayaraman, MSC Elsa 3 berthed at Vizhinjam on May 22, following which cargo discharge and loading operations commenced in the early hours of the day. During the operations, the vessel was observed listing about three degrees towards the starboard side, indicating a stability issue, which was promptly reported to the ship’s master. Consequently, the discharge and loading plan was revised.

Despite the revised plan, the stability issue recurred and was again brought to the attention of the ship’s master. As a result, cargo operations were suspended for three hours and resumed only after further modifications were made to the loading and discharge plan. Subsequently, it was noticed that water was flowing from a ballast tank into Bay 36. Upon being informed of this development, the vessel’s loading plan was altered once again.

The affidavit further stated that, as a terminal operator, Adani Vizhinjam Port Pvt Ltd had no authority to detain the vessel on account of stability concerns when it had been certified as seaworthy by directorate general of shipping. Also, the vessel’s master was duly informed of the stability issues, and the decision to sail rested entirely with the master and Mediterranean Shipping Company (MSC), over whom the port had no control. Copies of communications relating to the vessel’s stability issues, along with photographs, were annexed to the counter-affidavit filed in response to the PILs seeking a comprehensive compensation and rehabilitation package for the fishing community affected by the shipwreck.

Meanwhile, an affidavit filed by the shipping company in June 2025 stated that around 1am on May 24, 2025, the vessel developed a concerning starboard list that continued to increase despite efforts by the crew to correct it. At the time, the vessel was approximately 38 nautical miles southwest of Kochi and 21.5 nautical miles from the nearest point on the Kerala coast. The company further stated that by 3.15am, the list had increased to 30 degrees. Crew members still on board took proactive measures to stabilise the vessel, and about 40 containers fell overboard, reducing the list to around 20 to 22 degrees. However, despite further efforts to correct the list, the attempts ultimately proved unsuccessful.