Dear Friends at AOS USA:
Loving Greetings from AoS Chennai
I have good news to share with you about the latest supreme court order on missing tug Jupiter-6. The Insurance firm will pay $3,20,000 to the families of missing tug crews.This will be the great help for 10 indian crews families.
Kindly pulish this news in the AoS usa news letter.
Thanking you
With Love and prayers
Fr.B.Anthony
Latest Supreme Court order on missing tug Jupiter-6
Insurance firm will pay $3,20,000 to families of missing tug crew
Legal Correspondent
New Delhi: A London-based insurance company has told the Supreme Court that families of the 10 missing crew of the tug, 'Jupiter 6', would be paid a total compensation of $3,20,000.
A Bench of Justices R.V. Raveendran and G.S. Singhvi recorded the submissions made by senior counsel Rajiv Dutta, appearing for the two manning agents in Mumbai - Pelmar Shipping and Engineering Pvt. Ltd. and P & I Services Ltd. - that Navigators Protection and Indemnity, London, had given them this information. The Bench granted six weeks' time for disbursement of the amount.
It was hearing a writ petition filed by Sabeeha Faikage and other family members of the missing crew. They said the crew were employed by their foreign principals to work on board 'Jupiter 6'. The ship was said to have sailed from the Walvis Bay to India via South Africa on August 21, 2005, when the crew informed their families of their return to India. The petitioners said that according to the agent 'Jupiter 6' had gone missing since September 5, 2005.
The court, while giving a series of directions in September 2008, asked the Centre to file an affidavit. Since the earlier affidavit did not address the concern expressed by the court, the Centre was asked to file a better one.
On Monday, Justice Raveendran told Additional Solicitor-General Harin Raval: "Even this affidavit does not contain all details we wanted. Their [petitioners'] main grievance is there is no mechanism now and they don't know whom to approach for compensation."
Senior counsel K.N. Balagopal and counsel P. Somasundaram, appearing for the petitioners, said the manning agents did not make any claim for compensation. Except a meagre ex gratia payment, no compensation was paid, Mr. Balagopal said. He said about one lakh Indian nationals employed in various ships would be on the high seas every day, but the Centre was silent on how compensation could be got for the Indian crew.
Mr. Dutta said the London-based firm was ready to pay the compensation to the family members of the missing Indian crew. In respect of family members of three Ukranian nationals, who died in the tug, the company said it would get in touch with its agent in Ukraine for settlement of the compensation.
Justice Raveendran told the ASG: "This is a serious issue in the context of hijacking of ships. We want you to come out with a comprehensive system so that issues like hijacking, death, injury of seamen or seamen being held hostage could be addressed by the government. You tell us what steps you [government] have taken to prevent piracy incidents [as happened in Somalia] in future. "
Background of the case:
In the case relating to the missing tug Jupiter-6, which went missing in the year 2005, the 'Sailors Helpline' took the initiative in bringing together the family members of the missing crew of Jupiter-6.
The Jupiter-6 which was engaged in towing M.V. Satsang (a dead ship) to the ship breaking yard in India, went missing mysteriously on September 5,2005 while she was 200 miles off Port Elizebath in South Africa. The Jupiter -6 had 10 Indians and 3 Ukranian crew.
The Sailors Helpline core committee headed by V. Manoj Joy- National Co-ordinator, Fr. B. Anthony- Joint Co-ordinator, P. Muthusamy, Secretary -Legal (advocate- Madras High Court) and seafarers welfare workers, provided the much needed free legal assistance to the family members of the missing crew of Jupiter-6.
Senior Counsel K.N. Balgopal, Advocates Somasundaram of the the Supreme Court of India appeared on behalf of the family members.
Prior to filing the petition before the H'onble Supreme Court of India, the Sailors Helpline undertook research on various aspects of the ship missing theories and also extensive study of Indian and international maritime regulations and laws. Later a small team from among the functionaries of the 'Helpline' was formed to draft the affidavit on behalf of the family members. Documents and supporting evidences running to nearly 300 pages was submitted to the Supreme Court.
Earlier during the court hearing on September 24, 2008 the Honble Supreme Court of India has held the government responsible and it has directed the government to furnish details of the number of reports it has received on marine casualties involving Indian citizens on board foreign vessels after October 2002 and the number of reports received within 48 hours.
A bench headed by Justice RV Raveendran gave the directions after families of Indian seamen on board the missing vessel Jupiter -6, claimed that the government had failed to comply with the United Nations Convention on the Law of Seas.
The apex court also ordered interim compensation for each of the family of the 10 Indian sailors on board Jupiter 6.
As the UN convention requires manning agents of ships to be in touch with the Union government, the court wanted to know in how many cases did the director general of shipping receive information about missing ships from such agents.
We are happy that the Indian Supreme Court's ruling will provide better safeguard for the Indian seafarers.
Thanks and regards,
V.M. Joy Fr. B. Anthony
National Co-ordinator Joint Coordinator
SailorsHelpline
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