169. Limitation of liability without constitution of a limitation fund
(1)
Limitation of liability may be invoked notwithstanding that a limitation fund has not been constituted under section 168.
(2)
In case the right to limitation of liability is invoked without the constitution of a limitation fund under section 168,---
(a)
the High Court shall adjudicate each claim for its full proven amount and declare the right of the person liable to limit his liability and for the purpose of enforcement, the amount of limitation shall be applicable to the respective claims; and
(b)
the claimant shall not be barred from taking other action in respect of such claims.