Court's jurisdiction to entertain admiralty suits is limited to incidents occurring within its territorial waters; claims cannot proceed if the vessel is beyond those limits.

ORDER :

SYAM KUMAR V.M., J.

This application is filed under Order VII Rule 11 r/w Section 151 of the Code of Civil Procedure, 1908 (CPC) by the applicants, who are defendants 1 and 2 in the above Admiralty Suit seeking to reject the plaint inter alia for being barred by the provisions of Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017. Respondents in the I.A. are plaintiffs 1 to 6 and defendants 3 to 5.

2. The bare facts relevant for the disposal of this I.A. are as follows:

Plaintiffs (Respondents 1 to 6 in the I.A.) are fishermen engaged in the avocation of deep sea fishing. On 19.10.2023, at 10.20 P.M., while they were engaged in fishing onboard the fishing boat MERCY ANNAI off the Kannur Coast, beyond the territorial waters of India, the 2^nd defendant vessel collided with the fishing boat causing plaintiff Nos.1 and 4 to be thrown into the sea. The 2^nd defendant is a foreign flag vessel. At the time of filing of the suit, the 2^nd defendant was anchored at Nhava Sheva port limits under the Jawaharlal Nehru Port, Mumbai. The 1^st defendant is the owner/party interested in the 2^nd defendant vessel. The 3^rd defendant is the Master of the vessel. The 4^th and 5^th defendants are persons employed on board the vessel. The plaintiffs had escaped imminent death. They are not able to pursue their avocation having not recovered from the physical and mental trauma of the incident. They have been denied of their livelihood and are suffering considerable social stigma detrimentally affecting their community life. Their fishing avocation has been affected due to the said incident. Damage had been caused to the fishing boat MERCY ANNAI. The incident had occurred due to the gross negligence and recklessness shown by defendant Nos.2 and 3 in navigating, operating and managing the vessel and due to non compliance with the provisions of International Maritime Conventions and requirements of MERCHANT SHIPPING ACT , 1958 in relation to safety of life at sea. Damage has been suffered by the plaintiffs due to the illegal act committed by the 2^nd defendant vessel in direct connection with its operation. Persons employed on board including defendants 3 to 5 are liable for the same. An FIR No.7 of 2017 had been lodged with Fort Kochi Police Station within the jurisdictional limits of this Court. A maritime investigation by the competent authorities under the MERCHANT SHIPPING ACT , 1958 is pending. Defendants 2 to 5 did not provide any help to the distressed plaintiffs after the collision incident. Plaintiffs have a legal and subsisting maritime claim against the 2^nd defendant vessel which is lying within Indian coastal waters and purportedly within the inherent admiralty jurisdiction of this Court. Plaintiffs are entitled to exercise their right in rem against the 2^nd defendant vessel and this Court has jurisdiction territorially to entertain the suit. The plaintiffs thus sought the following reliefs:

“(a) That the defendants No.1 to 5 be jointly and/ or severally ordered and decreed to pay to the plaintiffs, a total sum of Rs.1,00,00,000/- (Indian Rupees One Crore only) with Rs.50,00,000/- (Rupees Fifty Lakhs only) to plaintiff No. 1 and Rs.10,00,000/- (Rupees Ten Lakhs only) each to plaintiffs No.2 to 6 along with interest at the rate of 6% per annum from the date of decree till the date of payment/realisation.

(b) That the second defendant ship MV K