Coming to the rescue of a seaman who was abandoned by a UK-based cargo vessel company after he sustained serious injuries while clearing fishing nets stuck in the propeller of a cargo ship owned by the company, the Madras high court has ordered arrest of another vessel MV Zim Xiamen, owned by the same firm.
The vessel, presently anchored in the Kattupalli Port, will be arrested along with its paraphernalia and held in the port till February 7, Justice C V Karthikeyan said on the plea moved by Kumar Alangaram Fernando.
“While the plaintiff has made a prima facie case, irreparable hardship would be caused if the vessel, which is now lying in the port is not restrained by an order of the court, since the representations of the plaintiff for medical assistance have not been heeded by the company,” the judge said. According to Fernando, he joined shipping company, which owns 12 ships, in 2007. While he was on board MV Woodgate, which was drifting on the waters of Japan, the captain of the ship found that some fishing nets had got entangled in the propellers of the vessel. Fernando was called upon to remove the nets, which had to be done manually.
He was lowered on a rope and he did the job, but in the process, suffered severe damage to his lower back. Medical records revealed that he required hip replacement and was permanently disabled.
However, medical attention was denied to him by the shipping company. He had sent repeated representations but did not get any response.
When Fernando came to know that MV Zim Xiamen, owned by the same company, is currently anchored in Indian waters, he immediately approached the high court seeking relief.
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Source: Times of India
