COMMON JUDGMENT

The 1st respondent in all the cases, as plaintiffs, filed 12 separate suits to declare them as pauper and to pass a decree directing the appellants and the 2nd respondent who are the defendants in the suits, to pay the compensation amount of Rs.10 Lakhs to the 1st respondent in all the appeals along with costs of the suits. The trial Court, after trial, by separate judgments and decrees, all dated

30.04.2010, partly allowed all the suits directing the defendants to pay the compensation to the plaintiffs in all the suits either jointly or severally along with 7.5% interest per annum from the date of the plaints till the date of payment, within a period of one month and disallowed the costs of the suit. Aggrieved by the said judgments and decrees, the defendants 1 and 2, as appellants, have filed these appeals.

2. Brief averments of the plaint in all the suits are as follows:-

The sailing vessel M.S.V.Maria Anto Raj sailed from Tuticorin to Colombo with cargo of Potatoes and Chillies and other goods on 11.09.1999 from the B Zone of the old port within the Tuticorin Corporation along with 12 crew members. While on its way to Colombo, the sea poured into the vessel due to heavy wind and water at about 15.00 hours on the same day. Therefore, the crew members immediately contacted the Tuticorin Port Trust, VHF Station, which is otherwise called the Pilot Station and sent several messages of SOS (Save Our Souls) requesting the Port Trust to send tugs to rescue them. Though the said SOS messages were repeatedly sent between 03.00 and 05.00 p.m, on the same day, there was no response. The VHF Station failed to transmit the SOS messages on an emergency basis to the administration of the 1st appellant/1st defendant. Though the message was received by another sailing vessel M.S.V.M.N.G 430 ''Sea Queen'' right from 03.00 to 05.00 p.m., due to its own engine trouble, it was unable to venture to rescue operations. Even then, the said sailing vessel M.S.V.M.N.G 430 independently contacted the pilot station at about 16.30 hours and passed on the message that MSV.TTN 43 was sinking and the crew members were continuously sending SOS Appeals, but, on account of the failure of the VHF Station of the 1st appellant/1st defendant, the SOS messages did not reach the office of the Port Trust in time and there was a huge delay in sending rescue tugs to save the crew members. Later, there was a search operation undertaken by the authorities of the Coast Guard, Fisheries Department, Customs Department and Revenue Department, but it was not fruitful. Except the body of the crew namely, Joseph Antonyraj which was traced down on 20.09.1999 and that fact was confirmed vide letter dated 22.06.2000 given by the Coast Guard Station, Tuticorin, Harbour Estate, other crew members either in person or body were not secured. Despite receipt of the legal notice sent by the plaintiffs to the appellants, neither the compensation was paid nor detailed reply was sent. Hence, the above suits.

3. Brief averments in the written statements are as follows:-

The defendants filed a written statement stating that the suits are not maintainable. Further, the Tuticorin Port Trust is consisting of two wings namely, Zone A and Zone B. Zone B is a minor Port carrying on operation of small sailing vessels. The Tuticorin Port Trust is collecting charges as per the notification issued by the Central Government in the Official Gazette. The allegation that on receipt of payment, the Port has to provide all kinds of facilities for entry and exit of the vessels, is denied as false, whereas, the Port is collecting prescribed charges only for berthing of sailing vessels, storage of cargo in the sheds and no payment is received by the Port for providing other services, such as, safety of the vessels, including the persons who involved in the trade etc., as alleged by the plaintiffs. The allegation that the failure on the part of the 1st appellant/1st defendant caused the accident a