HC orders ‘arrest’ of hit-and-run ship
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The Madras high court on Friday ordered the arrest of the Singapore-flagged merchant vessel Prabhu Daya now anchored off the Chennai Port, which collided with a fishing vessel off Alappuzha coast leading to the death of three fishermen.
Justice K.B.K. Vasuki ordered the arrest of the ship until further orders on a suit filed by Jacob Antony, owner of the fishing vessel MFV DON.No.1, seeking arrest and sale of Prabhu Daya, besides Rs1 crore as compensation for the loss of the fishing vessel together with its accessories and the catch of fish.
According to plaintiff, the ship collided with the fishing vessel causing it to capsize and sink together with seven crew members. Of the seven, two were rescued. The driver Xavier and two other fishermen were killed and the body of two others are yet to be recovered.
The collision took place happened early on March 1 entirely because of the negligence on the part of Prabhu Daya’s crew.
Prabhu Daya, in flagrant violation of internationally accepted norms on safety of life, had fled to avoid identification.
However, Indian statutory authorities had identified the vessel and were taking action against the master ofthe vessel and the owners both under criminal law and the other stat-utes. The vessel was expected to sail away as the ship’s presence would not be required once the investigation is completed, he said.
He said he understands that one of the crew members had also jumped from the vessel after the collision and attempted to commit suicide. He has been rescued and was und-ergoing treatment in Col-ombo.
The plaintiff has reason to believe that the crew member was on watch or in some way responsible for or in the know of the collision. That the ship was at the scene of collision, the subsequent sailing away without helping the drowning crew, the attempted suicide by one of the crew members, the detention of ship and the physical marks of collision on the vessel bears clearly establishes that the vessel caused the collision with Don No.1, Antony said.
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