Aswini Y & Ors v. Owners and Parties Interested in the Vessel MV SCI MUMBAI (IMO 9419539) & Anr

Case Details & Bench

Court: High Court of Kerala
Judgment Date: 2021-01-11
Court Decision / Holding: Accept the Memorandum of Joint Settlement; close the suit without further orders; direct parties to act in terms of the settlement; exempt the plaintiffs from court fees due to mediation; release security back to Defendant No.1 upon request.
Final Disposition: Disposed of in terms of settlement

Parties to the Case

Appellants / Petitioners

Aswini Y & Ors

Respondents

Owners and Parties Interested in the Vessel MV SCI MUMBAI (IMO 9419539) & Anr

Legal Representation & Advocates

Counsels for Petitioners

• Vipin P. Varghese (Counsel for the Plaintiffs); V. J. Mathew & Co.

Counsels for Respondents

• Joy Thattil Ittoop (Counsel for Defendant No.1); Callidus Legal

Case Synopsis & Summary

The Kerala High Court, exercising Admiralty jurisdiction, adjudicated Admiralty Suit No. 5 of 2018 filed by Aswini Y and others seeking damages for the death of Yuganathan (late Yuganathan), a legal heir reportedly connected to the vessel MV SCI MUMBAI. The matter was settled amicably through mediation at the Ernakulam Mediation Centre, with a Memorandum of Joint Settlement signed by all parties and their counsel, and placed on record. On examining the memorandum, the court found nothing to oppose the settlement and proceeded to close the suit, directing the parties to act in terms of the settlement. The order notes that the mediation-led settlement exempts the plaintiffs from paying court fees despite being permitted to sue as indigent, citing the Kerala Court Fees and Suits Valuation Act, 1968 (the document references Section 6g). The plaintiffs withdraw the suit unconditionally, accepting ex-gratia compensation as full and final settlement of all past, present, and future claims in connection with the incident, and request the release of the security provided by Defendant No.1. The court thus disposes of the dispute by approving the out-of-court settlement and recording that the matter has been settled through mediation.

Provisions of Law Cited

Kerala Court Fees and Suits Valuation Act, 1968 - Section 6g

Submissions & Arguments

Contentions of Appellants / Petitioners

The plaintiffs sought compensation for the death of Yuganathan arising from a collision involving the vessel. They pursued relief through litigation but ultimately consented to an out-of-court settlement arrived at via mediation, accepting ex-gratia compensation and withdrawing the suit unconditionally.

Contentions of Respondents

Defendant No.1 participated in mediation and agreed to pay ex-gratia compensation on humanitarian grounds without admitting liability, while seeking the release of posted security and acknowledging no further claims against Defendant No.1.

Extracted Judgment Text

Exact text extracted from official judgment records.

IN TEE EIGE COTJRT OF KEF.IIJ.A .4T ER}iL1IIILIU4 ## PRESENT > THE EoNotRABr,E MR. JttsrrcE DE\rAr{ RAMACEAT{DRA}I > }4O!EDAY, TSE :.:.Tg DAY OF JA}WARY 2C2L / 2rTg PCUSHA, L942 Adml.S. .No.s OF 2OLB ## PIATNTTFFS: > 1 ASWTNT Y AGED 18 Y.EARS D/o 'm, . ucAr{A.TEAr{, BEsrDrNc AT DooR No . z /t21, e}TBrraN28 RAI$IATEURAT posr-G29191 vrLAvAI{coDE TAr,ttK, K$TY.1F.UTI{F3.I DI STBJCT . ## 2 VIJII.A AGED 42 YSARS > W/O.MR.UGAI{ATEAI{ RESIDTNG AT DOOR .NO.2/L27, AI{BIYAN. 28 RAT'IANTEURAT POSr-629191 VILA\IANC€DE TAI,UK, KAlIAYArcruNnRr DrsrRrcr, REPRESETNED By gER poI{R oF > ATTORNEY HODLER ASTiITNT Y. ## 3 AI{CY AGED 22 YE.ARS D/o -lG'. UGAr{ATEAI{ RESTDTNG AT DooR .No.2 /L27, AI{BryAr\r28 RA!4AllrHItRAr posr-629191 vrr,AvAr.rcoDE TALIJK, KiAlIAYArcttl'tARr DrsrRrcT, REPRESETLED By gER porgR oF ATII'ORNEY EODLER ASWTNI Y. ## .Fl\TSEA D/O.}A,. UGAI{ATEA}I RESTDING AT DOOR .NO.2 / L21 I AI{BTYAN28 RAMAI'ITHITRAT posr-G29191 vrLAvAriIcoDE TAr,t K, KAI\IAYAKU]{ARr DrsTRtrcr, REPRESETNED By EER poI{R oF ATTORNEY HODLER ASWTNT Y. BY EDVS. sRr .v. J.tdaTEEgf (sR. I SRT.VIPTN P.VARGHESE - SRT.ADARSE IT4ATHE!{ - SRI . DTL.TITH K.I4AIiIOEAR - S!'tr. DEAIfYA T }GI,LAR ## DEFENDANIS: > 1 o9{NER8 AI{D PARTIES INTERESTED TN TEE VES8EL IdT, sCT MUMBAT (rMo 9419539) AIID[gER ] > CE{NEp.g A}rD /Cn }4A}IAGERS A}ID ,/CR rr!|STER A}rD ALL orEER PERsoNs coNcERNED TNTERESTED rN EER, A > rD[DrA]I Fr'Ac rlEssEt, TOGET$ER wrrE aER EULL, TACKLE, > ENGTNES, GEiaRs' PlAliilr' MACETNERY, ARTrcLEs, TErlrGs, Aci..nl-. S. .t'Io. 5 OF 2O1g -4,pplgEL, PARJA'PHERNAI,IA EQUTPME!{IS ON BOARD, , sToBJS AT PRESENT .IJ\ID OTSERLYTNG T N THE PORT AI.ID EARB'T'R oF cocHTN P'RT TN INDIAI\I TERRTTORTAI, ITATERS A}TD REPRESE}ITED BY EER IA,STERS. > 2 rEE DEPIUPY CONSERVATOR, AGED 42 YEARS cocHrN[poRT ] TRusT, wlrslewo , cocHrN_6g2003. BY SRT.JOY TEATTTL ITTOOP - D1 BY SRI. SUNrL KUI.{AR KURTAICOST _ ep > THIS ADMrRiar'TY surr EA'TNG BEEN FrNAr,Ly EEARD oN > 11.01 .202L, TEE cottRT oN TEE seltE DAy DELTVERED TEE For.[owrNG: ACml_.S..}io.5 OF 2019 ## TUDGMENT when this suit was called today, the learned counsel for the parties are ad idem that the disputes between their clients have been settled under the aegis of the Ernakrilam ldediaiion centre, Ernakulam. They pointed out that a }4emorandum of joint setgement has also been placed on record. 2. I ha'e examined the l4emorandum referred abo'e and notice that it has been signed by the par[ies, as also by their learned counsel; and therefore, see no reason why it cannot be accepted. In the afore circumstances, accepting the joint setilement between the parLies, I close this suit without any further orders; thus directing the parties to act implicitly in terms of the said settlement. > Needless to say, since the matter has been sett"led through Mediation, the plaintiff will not be liable to make payment of the court Fee, e-reii though they -vvere alloived to sue as indigeni going by the mandate of section 6g of the Kerala court Fees and Suits > Valuation Act, 1gbg. ## SD/- ## DEIYAhI RAIIIICIIAI{DRAhI rp JUDGE o # BEFORE THE HONOURABLE HIGH COURT OF KERALAAT ERNAKULAM (Admiralty Jurisdiction) Admiralty Suit No. 5 of 2018 Aswini.Y and others Plaintiff Vs. > Owners and Parties Interested in the Vessel MV SCI MUMBAI (IMO 9419539) and Another Defendants **==> picture [14 x 14] intentionally omitted <==** **----- Start of picture text -----** a **----- End of picture text -----** > REPORT SUBMITTED BYTHE MEDIATOR ADV. RAZIYAP.A. Mediated, matter is settled. Terms and conditions are attached herewith. Dated this the 26h day of November,2020.. **==> picture [14 x 15] intentionally omitted <==** **----- Start of picture text -----** o **----- End of picture text -----** \,fsq-\.7 ,/ AddRaziya P.A. Mediator Ernakulam Mediation Centre ## BEFORE THE HON'BLE HIGH COURT OF'KERALA AT ERNAKULAM > Admiralty Suit No. 5 of 2018 Aswini Y & Ors > : Plaintiffs -Vs- > Owners and Parties Interested in the Vessel MV SCI MUMBAI (IMO 9419539) & Anr Defendants o **==> picture [14 x 14] intentionally omitted <==** **----- Start of picture text -----** o **----- End of picture text -----** VIPIN P.VARGHESE V.J MATHEW & CO COUNSEL FOR THE PLNNTIFFS & JOY THATTIL ITTOOP CALLIDUS LEGAL COUNSEL FOR THE DEFENDANT NO.l o > BEFOR,E THE HON'BLE HIGH COURT OF KERALA AT ERNAI(ULIIM > (Admiralty Jurlsdicttonf > Admiralty Suit No. 5 of 2018 Aswini Y & Ors > : Plaintiffs -Vs- > Owners and Parties Interested in the > Vessel MV SCI MUMBAI ( IMO 9419539) & Anr Defendants 1. The above suit has been filed by the Plaintiffs claiming compensation from Defendant No.1 on account of the death of Late Yuganathan @ Uganathan, S/o Ranganathan, Door No.2/ L27, Rartanthurai, Vilavancode, Kanyakumari, Tamil Nadu due to the alleged incident of collision between the vessel MT Desh Shakti and the fishing boat "Oceanic". 2. The Plaintiffs are the legal heirs of the said deceased yuganathan @ Uganathan. O 3. The Parties, after discussions and deliberations have decided to settle t].e g '[suit ] claim of the Plaintiffs against the Defendant No.1, out of court, with the E Plaintiffs accepting adequate monetary compensation to their complete satisfaction 5 nLJ .€o.E[,W ][ftom the ][Defendant ][No. ][1 ][towards ] the full and frnal satisfaction of all their claims H F in respect of the above suit and incident. iE8= :bs '585.: 4' The settlement reached between settlement reached between between the parties is purely on humanitarianparties is purely on humanitarianis purely on humanitarianpurely on humanitarianon humanitarianhumanitarian 5[g ] grounds and arising out of sympathy towards the present and arising out of sympathy towards the present arising out of sympathy towards the present out of sympathy towards the present of sympathy towards the present sympathy towards the present towards the present conditions of the plaintiffthe plaintiffplaintiff r 4' The settlement reached between settlement reached between between the parties is purely on humanitarianparties is purely on humanitarianis purely on humanitarianpurely on humanitarianon humanitarianhumanitarian grounds and arising out of sympathy towards the present and arising out of sympathy towards the present arising out of sympathy towards the present out of sympathy towards the present of sympathy towards the present sympathy towards the present towards the present conditions of the plaintiffthe plaintiffplaintiff sand without admitting to any liability as to the incident or quantum as alleged in the above suit. Further, the Plaintiffs hereby agrees that they have received the exgratia compensation from the Defendant No.l as full and final settlement towards any and all past, present and future claims in respect of the subject matter. 5. In the above circumstances, the Plaintiffs hereby withdraws the above suit unconditionally making clear that their clai No.1 stands No.1 stands SHIPPINhC0RP0RAT|ON 0F[INDIA ][LTD.] l*\ttfq^rq.ft.ttofi I P. v. Kulkami fticiffi(aq W dst) / General[Manager (P&S)] .A \N r').,P-*t h'" \s fully satisfied and discharged and that they shall not have any claim whatsoever against the Defendant No.1 hereafter in connection with the subject matter of the suit. 6. The Plaintiffs hereby submits that they have no objection in the Honble Court releasing the security furnished by the Defendant No.1 back to them. > Dated this the l"t dav of October 2OL9. ^\ rr, ! , r.i r\'l . f,iA[irt(ltr'r, ] FrtllE SIIFPSG CORP0RAT|0N 0F UD. sf* il{OtA > PLAINTIFF No.1 DEFENDANTNo.t {\\\qy c.R.tril+!ft 1[p. ] v. Kuftamil rwiqarq fiq / Generat Manager (p&S) 9'[u,stfi*t] S.qqlg6oDn PLAINTIFF No.2 . .f\ .ArtF[\] \+* PLAINTIFF No.3 , .\t 'XrrI[\] F* PLAINTIFF No.4 fls,,orni'/ 5oY[,(r\,o, ] H( , fAaNr€^'a co SEL FOR THE PLAINTIFFS COUNSEL FOR THE DEFENDANT No.l O Wr.,tV, fh-fl,/rr- Kerala State Mediation -'flH;:H;iz'i'47and Conciliation Centre # ERNAKULAM MEDIAIION CENTRE (HIGH COURT ITALL) The Nodal Officer, High Court Mediation Cenhe. To > The Registrar (Judicial),' High Court of Kerala, Ernaklrlam Sir, Sub:-Mediation of referred cases- Reg. :[,\"' ,[The ] report of the Mediator in the maffer along with the enclosures is furnished p.;lrerewittr[for inforrration ][and ] necessary action. Yours faithfully, w/) ltl ' Nodal Officer Ernakulam Mediation '/\ 1-. Report Report of the Mediator, SettlementAgreementS the Mediator, SettlementAgreementS Mediator, SettlementAgreementS C< N"S)N"S) 2. copy of referral order dated . . zz/t t/t.9....otthe High court of Kerala. ,/ 3. Copy of Petition. End:- 1-. Report Report of the Mediator, SettlementAgreementS the Mediator, SettlementAgreementS Mediator, SettlementAgreementS C< N"S)N"S)