Gujarat High Court: In an admiralty suit by a marine pilot (‘plaintiff’) seeking arrest of Defendant vessel- Jin Hai Hua (IMO-9591026) against his claim of permanent injuries to his wrist due to the overturning and collapse of the defendant vessel’s gangway for lack of proper rigging, Vaibhavi D. Nanavati, J. allowed the suit and directed for the arrest of the defendant vessel.
The Defendant vessel- Jin Hai Hua was at berth at Deendayal Port and was to sail on 04-03-2024. The Plaintiff was to provide pilotage for the sailing of the defendant vessel, and while boarding the defendant vessel at 03:30 on 04-03-2024, suddenly the gangway of the defendant vessel overturned and collapsed which resulted in the plaintiff falling from the gangway onto the wharf, which crushed and fractured his left-hand wrist, damaging it irreversibly. The Plaintiff’s case was that he suffered permanent injury due to the defendant vessel, since there was failure to maintain proper rigging and monitoring the Gangway. The Plaintiff was informed by the hospital that there was permanent partial disability and he lost mobility of his left hand since it was crushed in such a way that the same would not be able to function even after surgery. Plaintiff contended that his career as a marine pilot was over which resulted in permanent loss of income of about Rs. 6,72,00,000/-, as he was getting pilotage about 17 days in a month with an earning of average Rs. 4,00,000/- per month and that he is only 42 years old and would have earned till the age of 65 years if no further untoward accident had occurred. Hence, the plaintiff filed the present suit as the defendant vessel was at Deendayal Port and inter-alia prayed for arrest of the defendant vessel.
The Court directed the issuance of an arrest warrant to arrest the defendant vessel- Jin Hai Hua (Imo-9591026) along with her hull, engines, gears, tackles, bunkers, machinery, apparel, plant, furniture, equipment and all appurtenances, lying at Deendayal Port and/ or anchorage within the Indian territorial waters and that the arrest warrant be executed at any time of the day or night or on Sunday’s or holidays. Further, the Court said that in the event of the defendant or those interested in satisfying the Plaintiff’s claim of amount of Rs. 6,72,00,000/- towards the permanent loss of income, Rs. 8,00,000/- towards pain shock suffering, loss of amenities etc. Rs. 20,00,000/- for legal cost aggregating Rs. 7,00,00,000/- together with further interest at the rate of 18 per cent per annum from date of suit till its realization as per particulars of claim, the said arrest warrant would not be executed against the defendant vessel.
The Court also directed the Port Officer and the Customs Authorities at Deendayal Port to arrest the defendant vessel and to keep her under arrest until further orders of the Court. It was further ordered that the Port Officer and the Customs Officer at Deendayal Port shall also intimate about the said order to the Master/Chief Engineer of the defendant vessel and effect the warrant of arrest through email.
[Captain Shishir Nishikant Patange v. Jin Hai Hua (IMO- 9591026), 2024 SCC OnLine Guj 1544, Order dated: 08-03-2024]
Advocates who appeared in this case :
For the Plaintiff: Advocate Paurami Sheth and Advocate Premal R Joshi
