KAMLA KANT DUBE Vs. M V UMANG

JUDGEMENT

(1.) THE plaintiffs have filed this suit against the 1st defendant vessel to be condemned in the sum of Rs. 45 lacs along with interest at the rate of 18% per annum and for direction that the 1st defendant vessel to be sold and the proceeds thereof to be applied towards the satisfaction of plaintiffs claim. The plaintiffs have claimed damages and prayed that 2nd defendant be ordered and decreed to pay to the plaintiffs the sum of Rs. 45 lacs along with 18% interest thereon.

(2.) THE plaintiffs are the parents of Mr. Arvind Dube who died on 16-8-1996 on board the 1st defendant vessel when she was lying at Kandla Port. The 1st defendant is the vessel M. V. "umang" registered in St. Vincent and Grenadines. The 2nd defendant is a Liberian Shipping company and owner of the 1st defendant vessel. The 3rd defendant is the local agent of the 1st defendant vessel. The suit has been filed in the Admiralty jurisdiction of this Court on 11-3-1997 and at that time the vessel was lying at Kandla. It is the case of the plaintiffs that their son Arvind obtained second Engineers Certificate on 22-1-1994 and joined sea service on 22-9-1995. He was engaged to serve as third engineer on board the 1st defendant vessel when he was to receive wages in all amounting to 1000 US Dollars per month. Shri Arvind joined the 1st defendant vessel at Kandla Port on or about 27-5-1996. On 15-8-1996 when the 1st defendant vessel was lying at the port of Kandla, Shri Arvind along with other officials and crew were working on the maintenance of an electric crane of the vessel. In the course of repair work of the said crane, Shri Arvind received a severe and fatal electric shock from the crane and he died. The plaintiffs have averred that the death of their son was caused by wrongful act and default on the part of the 1st and 2nd defendants and their managers, servants and agents. The claim as and by way of damages for the estate of the deceased is under the provisions of section 2 (proviso) of the Fatal Accidents Act, 1855 and compensation for the loss of dependency under provisions of section 1 (a) of the Fatal Accidents Act, 1855. In paragraph 15 of the plaint, the plaintiffs have averred that their sons fatality constituted "damage caused by a ship" within the meaning of the law relating to Admiralty jurisdiction and that International Law Maritime has for long recognised that wrongful death constitutes a maritime and admiralty cause and accordingly this Court has jurisdiction on its admiralty side to entertain and dispose of the suit.

(3.) THE defendants have traversed the plaintiffs claim by filing written statement and have inter alia set up the plea that this Court has no jurisdiction to try the suit. A notice of motion has also been taken out by the defendants in this regard with a prayer for dismissal of the suit since this Court has no jurisdiction and in the alternative to direct the plaint to be returned to the plaintiff for presentation in appropriate proper Court. The defence of the defendants is that no cause of action has arisen within the area under the jurisdiction of this Court nor are any of the defendants and even the plaintiffs reside or do any business in the area under the jurisdiction of this Court. The defendants have averred that at the relevant date i. e. 15-8-1996, according to the plaintiffs, the 1st defendant vessel was lying in the port of Kandla, District Kutch in the State of Gujarat. Kandla is within the district of State of Gujarat. The territories of the district of Kutch was the territory of the former independent part with sovereign State. By virtue of the provisions of the State Reorganisation Act, 1956, the territories of the former State of Kutch became a port of the bigger bilingual State of Bombay and, therefore, with effect from November 1956 the High Court of Bombay had jurisdiction to exercise its powers in relation to Kutch district. By the enactment of Bombay Reorganisation Act, 1960 which came into force from May 1, 1960, there was a bifurcation of bigger bilingual State and Kutch district became part of the new State of Gujarat. For the State of Gujarat a High Court has been established at Ahmedabad and powers of the Bombay High Court for the area of State of Gujarat including Kutch district has been taken away. It is thus submitted by the defendants that on and from coming into effect of Bombay Reorganisation Act, 1960, the Bombay High Court has no jurisdiction to exercise any judicial power in respect of Kandla Port which is part of Kutch district in the State of Gujarat.