LAWS(KER)-2002-7-61

K P SHASHIDHARAN Vs. UNION OF INDIA

Decided On July 01, 2002
COMMANDER K.P.SHASHIDHARAN Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) It is an admitted case in Ext. P17 that "the Central Government has noticed that the ship M.C. Pearl was on passage to Kandla to Dubai and was reported to be in distress at about 2.30 hours on 24-9-1995............" It is also an admitted fact in Ext. P17 that C.G.S. Vajra under the commandership of the petitioner and on routine deployed in the area was diverted to provide necessary assistance to M.C. Peari. It is again a noted fact by the Government of India that 'the Coast Guard ship Vajra had rescued the crew and stood by to provide assistance". Thus saving of life and property at the sea is an admitted fact. But the salvage is denied to the petitioner on the ground that it was his bounden duty under S.14 of the Coast Guard Act to render assistance to the ship in distress. While considering this aspect in Ext. P17. the Government had not adverted to S.402 of the Merchants Shipping Act, 1958 which provides for payment of salvage for saving life, cargo or wreck. Sub-s.(3) therein provides :

(2.) When it is an admitted fact that the petitioner is the commander of a ship and the crew had saved the life and property of M.C. Pearl at the sea, necessarily, it cannot be taken that, they shall be denied of the salvage merely because it was their duty cast under S.14 of the Coast Guard Act. Over and above, the provisions in S.402 entitles him to get salvage. Had it been considered, necessarily, the petitioner could have resorted to the remedies available to him in S.402 of the Merchants' Shipping Act. There was no consideration of entitlement to raise a dispute to be adjudicated under sub-s.(4) of S.402.