Recover all expenses in the wake of two ship accidents from owner firms, says Kerala HC
All expenses, including those towards compensation and mitigating pollution, in the wake of the two ship accidents off the Kerala coast in the past fortnight must be recovered from the owner firms of the vessels, and must not be met by the public exchequer, the Kerala High Court has said.
Along with the Centre, the State government can also initiate measures for this. Any further delay will set a wrong precedent, the court said, in a public interest litigation filed by T.N. Pratapan, former MP, seeking compensation for fishers and others affected by the sinking of MSC Elsa 3 – a Liberia-flagged container vessel that was carrying hazardous and other cargo, off the Alappuzha coast on May 25. This was followed by a massive fire that has been raging in Singapore-flagged container ship Wan Hai 503 off the Beypore coast since Monday, and the toppling of many containers, including those with hazardous cargo.
Calculating damage
The counsel for Mr. Pratapan said that with the intensifying of the monsoon, the salvaging of containers from the vessels and the sea could become tougher. The government's counsel said that the extent of damage caused by the ship disasters was being calculated. He added that the Centre had powers to initiate action, under the Merchant Shipping Act.
To this the court responded that coastal States also enjoyed wide-ranging powers, and the District Collectors too can take action. An amicus curiae would be appointed to help the court in this regard.
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