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1961 Supreme(Online)(Bom) 4

BOMBAY HIGH COURT
Judge, J
Bai Kashibai w/o. Eknath Dhondu Adurkar v. Scindia Steam Navigation Co. Ltd. Bombay


Advocates:
For the Appellants/Petitioners:
For the Respondents: Mr. Rangnekar

1. This is an appeal filed by the plaintiffs, the widow and the heirs of one Eknath Dhondu Adurkar, who died as a result of the collision on the high seas between the defendant company's cargo boat "Jalamanjari" and the country craft "Pandavi". This widow and the heirs filed suit No. 725 of 1955 in the Bombay City Civil Court claiming damages to the tune of Rs. 20,000/- under the Fatal Accidents Act, 1855, on account of the death of Eknath Dhondu Adurkar. It was contended by the defendant company that the suit fell within the Admiralty Jurisdiction of the High Court and that the City Civil Court had, therefore, no jurisdiction to entertain it. On behalf of the plaintiffs, however, it was contended that the suit was filed under the Fatal Accidents Act and that, therefore, it did not fall within the Admiralty Jurisdiction of the High Court. The learned Principal Judge did not agree with the contention of the plaintiffs and held that in spite of the fact that the claim in the plaint was stated to have been made under the Fatal Accidents Act, it was really a claim for damages arising out of the death of Eknath Dhondu Adurkar as a result of a collision between the defendant company's ca














































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