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1999 Supreme(Bom) 902

A.D.MANE, S.S.PARKAR, A.C.AGARWAL, R.J.KOCHAR, R.M.LODHA
Kamla Kant Dube and another – Appellant
Versus
M. V. Umang and others – Respondent


JUDGMENT -R.M. LODHA, J.:---The plaintiffs have filed this suit against the 1st defendant vessel to be condemned in the sum of Rs. 45 lacs along with interest at the rate of 18% per annum and for direction that the 1st defendant vessel to be sold and the proceeds thereof to be applied towards the satisfaction of plaintiffs claim. The plaintiffs have claimed damages and prayed that 2nd defendant be ordered and decreed to pay to the plaintiffs the sum of Rs. 45 lacs along with 18% interest thereon.

2.The plaintiffs are the parents of Mr. Arvind Dube who died on 16-8-1996 on board the 1st defendant vessel when she was lying at Kandla Port. The 1st defendant is the vessel M.V. "Umang" registered in St. Vincent and Grenadines. The 2nd defendant is a Liberian Shipping company and owner of the 1st defendant vessel. The 3rd defendant is the local agent of the 1st defendant vessel. The suit has been filed in the Admiralty jurisdiction of this Court on 11-3-1997 and at that time the vessel was lying at Kandla. It is the case of the plaintiffs that their son Arvind obtained second Engineers Certificate on 22-1-1994 and joined sea service on 22-9-1995. He was engaged to serve as third engineer































































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