MOTOR VESSEL MANGALAM Vs. ALICE ELIZABETH DSOUZA

JUDGEMENT

(1.) By this appeal, the appellants-Motor Vessel Mangalam and Vikrant Ispat have appealed against the judgment of the learned Single Judge dated 08.11.2006 in Admiralty Suit no.3/2003, decreeing the suit in terms of prayer clause (a) and (e) and directing the appellants to pay compensation to the respondentslegal heirs of Mr. Edwin D'Souza who expired on 13.09.1999 during the course of his employment as a Chief Engineer (First Class).

(2.) Few facts giving rise to the appeal are stated thus:

(3.) The respondents-legal heirs of Mr. Edwin D'Souza had filed admiralty suit no.3/2003 for a prayer against the appellants for grant of compensation to the tune of Rs.45,60,000/- towards the death of Mr. Edwin D'Souza in the course of the employment. The appellant no.1 is a vessel flying the Indian flag of which the appellant no.2- Vikrant Ispat-the original defendant no.2 is the owner. The original defendant no.3 Binny Ship Management Ltd. is the agent of Vikrant Ispat. Plaintiff no.1, Alice is the widow of Edwin D'Souza and plaintiff no.2 Alwin is the son of Edwin. According to the plaintiffs, Edwin, was working as a Chief Engineer (First Class) with Vikran Ispat and had expired on a vessel due to heart attack on 13.09.1999. It is pleaded in the suit that the death of Mr. Edwin D'Souza occurred due to lack of proper care and attendance after Edwin suffered a heart attack on 13.09.1999. According to the plaintiffs, Edwin was a member of the Maritime Union of India and Vikrant Ispat is the member of the Indian national ship owners association. It is pleaded that an agreement was executed between Maritime Union of India of which Edwin was a member and the Indian national ship owners association relating to the terms and conditions of the services of officers working on the vessels. The plaintiffs based the claim on MUI-INSA agreement and specially clause 103 thereof to claim a sum of Rs.45,60,000/- towards lump-sum compensation with interest. It was the case of the plaintiffs that as per the said clause in MUI-INSA agreement, if an employee dies during the course of employment, including the death by heart attack or a death due to any proven cause, the company would be liable to pay lump-sum compensation at the rate of 110 months basic wages subject to the minimum of Rs.9,00,000/-. It was the case of the plaintiffs that since at the relevant time Edwin was receiving wages at the rate of Rs.42,000/- per month, he was entitled to 110 months basic wages amounting to Rs.45,60,000 towards compensation.