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Time of India
06-08-2025
- Business
- Time of India
ELSA 3 capsize compensation claims: State has no jurisdiction, shipping company tells Kerala HC
Kochi: Mediterranean Shipping Company (MSC) has submitted before high court that the state govt has no authority to seek maritime claims in connection with the capsizing of the vessel ELSA 3 off the Kerala coast, as the vessel sank approximately 14.5 nautical miles from shore, beyond India's territorial waters and the coastal jurisdiction of the state. The submission in a counter-affidavit was in response to an admiralty suit instituted by the state, seeking Rs 9,531 crore in compensation for the alleged environmental and economic damage caused by the sinking of the cargo vessel on May 25. MSC contended that the presumed loss due to the shipwreck is unfounded and contrary to affidavits previously filed by both central and state govts. The company further argued that it is the central govt that has exclusive jurisdiction over the protection of marine environment. The company also claimed that the visible oil sheen was minimal and likely comprised diesel or mechanical oil. According to MSC, there was no damage to the marine environment, no marine pollution, and certainly no adverse impact on fisheries, as alleged. In support, MSC cited findings from state pollution control board which reportedly revealed no significant deviation in seawater quality. The affidavit also pointed out that the central govt did not order any fishing ban following the incident, thereby undermining the state's claims of fisheries-related losses. MSC argued that the state's fishing ban was speculative and arbitrary, and the region was already under a monsoon fishing ban. It stated that there were only 13 containers carrying hazardous goods aboard ELSA 3. All the containers are presumed to have sunk with the vessel to a depth of 54 metres, with no evidence of leakage or environmental contamination. The affidavit also challenged the HC's arrest of the vessel MSC MV Akiteta II, on the state's petition to recover the claimed compensation. MSC argued that Akiteta II and ELSA 3 are not owned by the same entity. It asserted that it is not the registered owner of either vessel. According to the affidavit, MSC Akiteta II is owned by M/s Nairne Oceanway Ltd, while ELSA 3 was under the registered ownership of ELSA 3 Maritime Inc. Any liability for the alleged losses rests solely with the registered owner.
Hindustan Times
08-07-2025
- Politics
- Hindustan Times
HC orders arrest of vessel till firm pays ₹9,531 cr for ELSA 3
The Kerala government on Monday filed an admiralty suit in the high court claiming compensation of ₹9,531 crore for damage to the marine environment and coastline, and economic losses to the fishing community in connection with the sinking of the MSC ELSA 3 vessel off the coast of Kochi on May 25. the state government claimed ₹ 8,626.12 crore as compensation towards damage to the environment, coastline and related interests of the state, ₹ 378.48 crore for measures taken to prevent or minimise the damage caused by the vessel and ₹ 526.51 crore for economic losses caused to the fishworkers (AP) In its suit, the state government claimed ₹8,626.12 crore as compensation towards damage to the environment, coastline and related interests of the state, ₹378.48 crore for measures taken to prevent or minimise the damage caused by the vessel and ₹526.51 crore for economic losses caused to the fishworkers. 'The compensation has been computed following the Central Pollution Control Board guidelines,' it said. The state government, represented by advocate general K Gopalakrishna Kurup, petitioned the bench headed by justice MA Abdul Hakhim to issue a warrant of arrest against the vessel MSC Akiteta 2, currently anchored at the Vizhinjam International Seaport near Thiruvananthapuram, until the Mediterranean Shipping Company (MSC) furnishes the security for the maritime claim. The government argued that both ELSA 3 and Akiteta 2 are registered in the names of two sister companies of MSC and that both are managed, operated, and owned by the same firm. Justice Hakhim, admitting the suit filed by the government and conferring with its arguments, ordered that the vessel MSC Akiteta 2 be arrested at the Vizhinjam port until the shipping firm deposits ₹9,531 crore towards the compensation claims. 'I prima facie find that averments in the plaint and in the affidavit in support of this application and the documents produced by the applicant would make out a maritime claim against the respondents 1 and 2 under section 4 (1) of the Admiralty (Jurisdiction and settlement of maritime claims) 2017 to invoke the admiralty jurisdiction of this court conferred under section 5 for the arrest and detention of the 1st respondent vessel in order to obtain security for the plaint claim,' the judge said. 'I am satisfied that an arguable maritime claim is made out by the applicant, warranting a conditional order of arrest of the 1st respondent vessel till the 1st respondent furnishes security for the plaint claim,' the order read. The MSC ELSA 3 sank 14.5 nautical miles off the coast of Kochi on the morning of May 25 while sailing to Kochi from the Vizhinjam International Seaport. As the ship sank, over 640 containers that were aboard went down along with it. However, all the 24 foreign crew members were rescued in joint operations by the Navy and the Coast Guard. The sinking of the cargo vessel had rung alarm bells on Kerala's coast as officials pointed to the presence of calcium carbide, a chemical that reacts dangerously with water to produce acetylene gas, in at least 12 of the containers onboard. Additionally, tonnes of plastic nurdles, a form of microplastic used in the manufacture of a wide variety of plastic products and inside the containers that drifted into the sea, were washed up on the state's coast, particularly on the beaches in Thiruvananthapuram and Kollam districts. Environmentalists have warned that the plastic nurdles, likely to be consumed by fish and other aquatic animals, would cause major harm to the marine ecosystem and ultimately enter the human food-chain. The leaking of the ship's fuel in the initial weeks following the sinking was also observed by the government and activists as a form of pollution to the ecosystem. While the state was accused initially of not registering a criminal case against MSC citing the shipping company's proximity to the Vizhinjam port, in which the State has a stake, an FIR was registered by the Fort Kochi Coastal police on June 11 against the ship's owner, master and crew members for rash navigation and negligent conduct involving poisonous substances.
Time of India
18-06-2025
- Business
- Time of India
Sinking of MSC ELSA 3: Kerala HC orders conditional arrest of sister ship in claims plea
Kochi: The HC on Wednesday ordered the conditional arrest of the vessel MSC Polo II, a sister vessel of MSC ELSA 3, which had capsized and sunk off the Kerala coast on May 25. The order was passed in a petition filed by Sans Cashew India Private Ltd, seeking compensation for the loss of cargo valued at Rs 74 lakh. Justice M A Abdul Hakhim further clarified that the vessel may be released upon the production of a demand draft for the said amount before the HC registrar general. Earlier, HC had similarly detained another vessel, MSC MANASA F, in connection with petitions filed by various companies to recover compensation for consignment losses arising from the sinking of ELSA 3. In the present petition, the petitioner submitted that it had lost two consignments of Ghana dried raw cashew nuts (in shell) shipped from Tema port, Ghana, to Tuticorin port, India. T by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Free P2,000 GCash eGift UnionBank Credit Card Apply Now Undo he cargo was transhipped via Adani Vizhinjam Port and loaded onto ELSA 3, which later sank due to technical and operational failures, as confirmed by the mercantile marine department (MMD) and directorate general of shipping. The petitioner contended that they are entitled to recover the maritime claim under the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017, amounting to Rs 73.49 lakh. Meanwhile, the counsel for the vessel owner submitted that they had filed caveats before HC to prevent the arrest of vessels operated by the company within Indian territorial waters. It was also contended that the vessel is beyond 14 nautical miles from the Vizhinjam port and hence not available within the jurisdiction of this court. Nevertheless, HC ordered the conditional arrest of MSC Polo II until the production of the demand draft. Later in the afternoon, the shipping company produced the demand draft before the registrar. The petition has been adjourned to June 23.
Hindustan Times
12-06-2025
- Hindustan Times
FIR against Liberian flagged ship that sank off Kerala coast
Over two weeks when the Liberia-flagged cargo vessel MSC ELSA 3 sank off the coast of Kerala, the state police on Wednesday booked the owner of the ship, its master and the crew members for rash navigation and negligent conduct involving poisonous substances among other charges, officials said. The cargo vessel sank 14.5 nautical miles off the coast of Kochi on the morning of May 25 while sailing to Kochi from the Vizhinjam International Seaport. As the ship sank, over 640 containers that were aboard went down along with it. According to officials, at least 12 of those contained calcium carbide, a chemical that reacts dangerously with water as it releases acetylene gas, which is highly combustible. While efforts are currently on to extract the fuel oil and marine diesel from the sunken ship's tank, the containers filled with hazardous substances have not yet been cleared from the sea yet. A mechanical failure in the ship's ballast system was seen as one of the primary reasons that led to the vessel's sinking. On the basis of a complaint by C Shamji of Neerkunnam Matsya Gramam in Alappuzha, a first information report (FIR) was registered at the Fort Kochi Coastal Police station. It named the owner of the Mediterranean Shipping Company (MSC), the ship master and the crew as first, second and third accused respectively. HT has seen the report. It stated that the neglect by the accused led to the mishap involving the ELSA 3 vessel. It further stated that there was environmental damage in the region in the form of plastic and other hazardous materials that were being discharged in the sea. It also said the accident caused huge losses to the fisherfolk and obstruction to the movement of ships. The accused have been booked under sections 282, 285, 286, 287, 288 and and 3(5) of the Bharatiya Nyaya Samhita (2023). Following the police action, the Congress questioned why a case was filed after a delay of 17 days from when the ship sank and demanded an answer from the state government and Chief Minister Pinarayi Vijayan. Congress general secretary and Alappuzha MP K C Venugopal claimed, in a Facebook post, that the state and central governments did nothing till now as the shipping company has business relations with the Adani Group. He claimed that it was due to the persistent demands by the Congress that the police action was taken. The FIR comes days after the state government faced intense criticism by the opposition and environmental activists over delay in initiating criminal charges against the shipping company and crew of the MSC ELSA 3 vessel. An official note prepared by the chief secretary A Jayathilak said that the government was intending to file compensation claims based on damages rather than immediately file a criminal case. The note said that MSC was a reputed firm which patronises the Vizhinjam port. With PTI inputs
Hindustan Times
10-06-2025
- Politics
- Hindustan Times
No case to be filed against MSC immediately: Kerala over sinking of ship on May 25
The Kerala government does not intend to file a criminal case immediately against Mediterranean Shipping Company (MSC), the operator of the ELSA 3 cargo vessel which sank off the coast of the state on May 25, citing the firm's 'patronisation' of the Vizhinjam International Seaport and the need to collect evidence for damages to file compensation claims, a note prepared by Chief Secretary A Jayathilak on May 29 said. The delay in filing the case has been criticised by the opposition, which rejected the government's arguments. The note, seen by HT, was prepared the same day Chief Minister Pinarayi Vijayan met top officials of the Directorate General of Shipping and four days after the Liberia-flagged cargo vessel loaded with over 640 containers capsized in the Arabian Sea around 14.5 nautical miles from the coast of the state. While the state government has ordered the formation of at least three different committees to deal with various aspects, including assessing environmental damage such as oil spill and filing appropriate compensation claims, environmentalists and experts have flagged the need to initiate criminal proceedings against the shipping company as part of preliminary action. In the backdrop of the ship's sinking, over 50 containers, mostly empty, drifted to the state's coast and large amounts of plastic pellets, also known as nurdles, from the cargo washed up on the state's coast. The note by the chief secretary stated, 'The general consensus was that a criminal case need not be filed immediately and that the entire focus at this time should be on collecting evidence of damages so that evidence based claims can be raised.' It also added that MSC is a 'reputed company which patronises the Vizhinjam International Seaport and the company requires the goodwill of Kerala for their operations here.' The note said it was also in the company's interest to cooperate with the state and settle the claims through the insurance agency. 'Considering all these aspects, our claim should be raised based on strong evidence and without any compromise,' it said. The Vizhinjam International Seaport, dedicated to the nation in May by Prime Minister Narendra Modi, is a public-private-partnership project in which the first phase has been completed at a cost of ₹8867 crore. The State government has shelled out ₹5595.34 crore for the project with Adani Group spending ₹2454 crore. The Union government has granted viability gap funding in the form of ₹817 crore and ₹795 crore as an interest-free loan to be repaid over 50 years. So far, no criminal case has been filed against MSC or other officials associated with the sunken vessel. While the chief secretary was unavailable for comment on Monday, Kerala minister for ports VN Vasavan claimed the responsibility over registering criminal cases and initiating rescue operations with regard to such accidents in the deep sea rested with the union ministry of shipping. 'The state government does not have the jurisdiction to register a case or exercise control when it comes to accidents in the deep sea. It is the union ministry of shipping which registers cases in that regard. The incident of MSC ELSA 3 took place around 48 nautical miles away from Kochi. All matters regarding registration of case and rescue operations come under the union ministry of shipping. When there are incidents close to the coast of environmental damage or problems for fisherfolk, the state can intervene and file compensation claims for damages,' Vasavan told reporters. Senior Congress leader KC Venugopal criticised the State for failing to take action against the shipping firm. 'In 2010, a similar accident took place off the coast of Maharashtra. The next day, the state government there registered a case and imposed a steep fine on the firm and shared the compensation proceeds with those who were affected. Here in Kerala, over two weeks have passed and the State has still not registered a case. The fisherfolk have not been able to go to sea for many days, and there are severe environmental damages,' said Venugopal. 'The State's claims are untrue. As per a gazette published in 2016, the State government can register cases for accidents that take place within 200 nautical miles. Here, the chief secretary has recorded that the shipping firm is extremely important for Vizhinjam port and therefore no case need to be registered. When thousands of fisherfolk have been affected due to this incident, how casually and criminally is the State behaving?' he asked. Environmental observer Sridhar Radhakrishnan opined that the State has 'given up' on its people, its ecosystem, and its fishing communities through such a stand. 'It's clear that the State at this point, despite being led by a Left, progressive government, is not prioritising the public good. Obviously, liabilities have to be fixed and compensation paid feels like even if the accident hurts our beaches, our environment, our tourism, our fishermen community and the tonnes of fish that we as the state's people will consume, it must somehow not affect the Adani port. It looks like the CM and his team are bent on it. For 10 years, this government sat without making proper pollution control protocols (when such an incident happens). We still don't have a protocol,' he told HT. He claimed the State government failed to carry out a proper clean-up when tonnes of plastic nurdles washed up on the coast. 'On the first day itself, the clean-ups failed to take off. The volunteers demanded to be paid. When they were pulled into the task, they should have been paid so that it can be documented and proper compensation claim be filed before the shipping firm,' he said.
