Seize boats for not paying relief to kin: Judge

Justice S Vaidyanathan on citing Section 4(1)(e) of the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017, which allows the jurisdictional court to hear and determine any question on a maritime claim, against any vessel, arising out of any loss of life or personal injury occurring whether on land or water, in direct connection with the operation of a vessel, said, “There appears to be a prima facie case in favour of the applicants. In view of the same, this court orders the arrest of the suit vessel.”

The applicants Raja Pushpam and John of Tirunelveli had submitted that their son David Sam Raja was employed as an able seaman by the owners of ‘Tug Mutha Gem’ and ‘Barge Mutha Pearl’ and he died in an unforeseen circumstance in the course of employment, by falling into the tank of the vessel on November 30, 2018. At the time of death, David was 21-years-old.

Their counsel had submitted that as per the Seafarer’s Employment Contract dated August 19, 2018, the laws of Republic of Singapore is the governing law in the employment of David. Accordingly, the lower quantum of compensation to be given to the next kin of the deceased is US dollars 69,000 which works out to Rs 50 Lakhs approximately.

But the vessel is likely to sail, and the owners are trying to pay lesser compensation to David’s parents in terms of the Employees Compensation Act, 1923 and not as per the Work Injury Compensation Act, which is currently in force in the Republic of Singapore. However, Justice Vaidyanathan while ordering the arrest of the suit vessel, said, “It is needless to mention that it is open to the owners to deposit US Dollars 69,000 after converting the same into Indian rupees, as per the currency value as on date, into the credit of the Registrar General of this Court and sail thereafter, with the leave of the court.” “On such deposit, as an interim measure, David’s parents are at liberty to withdraw a sum of Rs 8 lakhs toward partial compensation,” the judge added.