COMMANDER K P SHASIDHARAN Vs. UNION OF INDIA

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 02.30 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 deployment in the area was diverted to provide necessary assistance to M.C.Pearl. 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 if an admitted fact. But the salvage is denied to the petitioner on the ground that it was his bounden duty under Sec. 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 Sec. 402 of the Merchants Shipping Act, 1958 which provides for payment of salvage for saving life, cargo or wreck. Sub Sec. (3) therein provides: Where salvage service are rendered by or on behalf of the Government or by a vessel of the Indian Navy (or of the Coast Guard) or the commander or crew of any such vessel, the Government, the commander or the crew, as the case may be, shall be entitled to salvage and shall have the same rights and remedies in respect of those services as any other salvor. Sec. 3(4) defines salvage as under:

(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 Sec. 14 of the Coat Guard act. Over and above, the provisions in Sec. 402 entitles him top get salvage. Had it been considered, necessarily, the petitioner could have resorted to the remedies available to him in Sec. 402 of the Merchants Shipping Act. There was no consideration of Sub sec. (4) of Sec. 402. Accordingly, I quash Ext. P17 and direct the Government to consider the matter afresh taking not of the provisions contained in Sec. 402 as above. Original petition is allowed.