JOAO MARTIN FERNANDES Vs. UNION OF INDIA

JUDGEMENT

(1.) First Appeal was initially filed as Writ Petition which has now been converted into First Appeal by order dated 13 February 2017 passed by this Court.

(2.) By this First Appeal, the Appellant-Plaintiff has challenged the order passed by the learned District Judge, South Goa, Margao dated 13 January 2016 rejecting the Plaint filed by the Plaintiff.

(3.) The Appellant-Plaintiff is the owner of fishing trawler known as 'Sea Messiah'. According to the Appellant, on 24 April 2013 when the fishing trawler went for fishing activities from Cutbona Jetty at Velim, Goa, there were 29 fishermen on board. When the fishing trawler was at high seas in the early morning of 25 April 2013 the Coast Guard Vessel ICGS Vaibhav collided with the trawler of the Appellant. According to the Appellant, the trawler split into two parts and six crew members perished by drowning. The Appellant-Plaintiff filed Civil Suit No.30 of 2014 seeking compensation to the tune of Rs. 3,69,07000/- with interest @12% p.a.