The Madras High Court on Monday ordered the ‘arrest’ of two vessels registered in Singapore on a civil suit filed by the parents of a 21-year-old seaman seeking fair compensation, as per the laws of Singapore, for the death of their son after he fell into a tank in one of the vessels.
Justice S. Vaidyanathan, however, said, the vessels, TUG MUTHA GEM and BARGE MUTHA PEARL, could set sail with the leave of the court if their owners deposited US $ 69,000, which roughly worked out to ₹50 lakh in Indian currency, to the credit of the Registrar General of the High Court. Pointing out that $69,000 was the lowest compensation that had to be paid under the Work Injury Compensation Act in force in the Republic of Singapore,
The judge said the plaintiffs, Raja Pushpam and S. John Raj of Tirunelveli district, would be entitled to withdraw ₹8 lakh immediately towards partial compensation.
ADVERTISEMENT
The order was passed after taking note of the provisions of the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act of 2017, more particularly Section 4(1)(e) which empowers the High Court to exercise jurisdiction to hear and determine any question on a maritime claim against any vessel which was within its jurisdiction.
In their plaint, the claimants stated that their son Sam David Raja died on September 30, 2018. Since the vessel was now operating at Udangudi project in Kallamozhi coastal village in Thoothukudi, the owners were trying to compensate as per the Indian laws and not as per the laws applicable in Singapore, where the vessels were registered, they alleged.
Since the duo had made out a prima facie case, the judge ordered arrest of the two vessels.
ADVERTISEMENT