SHYAMALA K Vs. LIC OF INDIA

JUDGEMENT

(1.) PETITIONER is the mother of one Sri. Manoj Kakkante. Sri. Manoj Kakkante was working in Merchant Navy since 2002 under a company by name M/s.Northern Marine Management (India) Private Limited, Mumbai. Based on a contract entered into with M/s.Northern Marine Management, Scotland through the aforesaid Indian company, he was employed as Mess man to serve on board the vessal, 'M. T. Stena Contest' under Bermuda flag.

(2.) ACCORDING to the petitioner, while the ship was sailing from Wilhelmshaven (Germany) to Charlleston (USA), Manoj Kakkante fell into the high seas from the ship on 09/06/2006. Petitioner states that Ext. P1 is the death certificate of her son issued by the Bermuda Government. It would appear that, based on the representation made by the petitioner through the Member of Parliament representing her constituency, the Government of India had the circumstances leading to the death of Sri. Manoj Kakkante looked into. Thereafter, the then Minister for Shipping and Transport replied to the M.P. concerned, by Ext. P2 letter, the relevant portion of which reads as under:

(3.) ON receipt of Ext. P5, petitioner replied by Ext. P6 informing the respondents that accepting the reality that her son is dead, the shipping company had disbursed a compensation of Rs.60,000/- US Dollars and she produced the details thereof. She also produced Ext. P7 certificate issued by the shipping company, confirming the death of the assured, the relevant portion of which reads as under: