Kerala High Court
Judgment vs Owners And Parties Interested In ... on 11 January, 2021
rN T'E HrGH coTJRT oF KEFer,A AT ERNAKTJTAI'{
PRESENT
THE HoNottR.ABr,E !dR. .tusrrcE DEivAll RAT{ACITAIIDRAN
MO!{DAY, TlrE 11TH D}J OF rTA}TtrARy 202! / 21TH pOusHA, Lgt2
&1.S..!Io.3 Os 2O1g
PI.ATNTIFFS:
1 SA"]ITIIA
AGED 32 TEARS
ryo.ltR.sr"Jlt rP' TIIARAYTL HoIrsE/ !4A&tAlsKAtrra, TIEiAR ssdLp
scHool, lar'lAllKARA P-o-, loorHAKIrNlIAM pARiLvt R TALttK,
ERNAICIJI.E}{ DTSTRICT 58351 6
PRAI(ASHA}I
[email protected] 74 TE,ARS
s,/o. sIIArtr;A&AlI' TIIAB.ANTL IIoUsE, ldetIAlIKARA,, !Elq, slso.;l gcIImL,
r'rALlA,riIKARA P-o-,
lfcorHAKUNlrAld pAR;avttR rALIrK, ERNAI$rrAM
DIS|I TCT 683516 REPRESETflTED BY THEIR POIiTER OF AETOR}IEY
SAJITTIA.
BABY
AGED 72 YEARS
IVO.PBAKASS, IIIARAStrL SOI'SE/ I.TA&I.AIIKAB,A' DIEiAR SISILP SCEOOL/
D{ALIA}{KARA P.o., }oCIrlIAI(t]NNAM PARAvt R rAtt K, ER}IAr$r.Al.{
DTSIRTCT 683516 REPRESENTED BT THEIR POVIER OF ATTORNEY
SAJTTHA,
GOPIDIIA$4 KRtr8IINA,
AGED 10 YE,ARS
s/o-!dR,-.srJu rP' EIIAa;aYrL lloltgE, ldAr.rAltriA&a, IEAB sls4"p
[email protected], !{ALrralIIGRiA' P.o., l,oolHAI$N!{eM pARiavuR. TALUK,
ERNAKUTTAM DrsERrctr 683515 REPRESEN1IED By Hrs Nf,Tt
RArr GtuARDrNr
SAI]TTHA.
I6Rtr8}E[AVENI.
AGED 6 YEARS
D/o.r'a-sr,JIJ TP' TIIARiaYTL HousE/ r4ALlAlsiABA, MAB slsd+p
SCllooL, fiAnIANKAR;h p.O., IO€)IIHAI(IINIIAI,{ PARAITUR IALUK,
ERNAKUT.A!{ DrsrRrcE 583516 [email protected] By HER NATURiATJ
GUARDIAN
SAr'ITTIA.
BY ADVS.
sRr .v. ir.MATrrEtV (sR. )
SRI.VIPI]S P.VABGHESE
SRI.ADARSH I'IATHEW
SRI .DTL.fTtrH K.MANOHAR
DEFEMANTS:
1 OI{NER"S 3ND PJARTITS ICTERESTEID IN IEE \ZESSEIJ ul, SCI MIIMBAI
(rlo 9419539) ArD HA;R OlSwlRS AtD /On }euaens }!tr} /OR MISTER
AllD ALL OTHER PERSONS CONCERNED Ilf,[EREgIED Il[ HER, A INDIA]I
ELAG vEssEL, ToGETHER wrrH IIER Httlt, tacKLE, ENerNEs, eEARs,
PIJAHT, }I&CHINERY, ABTICI.ES, TETNGS, APPARETJ, EQUTPMENTS
I
edloL.S..No.3 OF 2018
STORES A}ID OTITER PARAPITER}IALIA ON BOARD, AT PRESENT IJYING I
N IIfr PORT AI'ID IIARBOUR OF COCHIN PORT IN INDIAN TERRITORIAL
XTATERS AP AESBESEITjIED BY HER !{ASEEBS-
trTIE DEPUIIY CONSER\TAITOR,
[email protected] PORT TRUST, W/rSr.AlID, COCHTN- 682003.
BY SRI..IOY THATTIL ITTOOP, SC
OIHER PBESENI:
SRI. SUNIL KU}'AR KTJRI.NTOEE - GP
THIS ADMIRAJ.TY STJIT HAVING BEEN FINAILY HEARD QN ].1.01 .282L, THE
COUBT CN AHE SA}!E DA? DEI.I\/ERED THE fOLIO9IING:
Afft. S. .No.3 OF 2018
JUDGMENT
When this Suit was called today, the learned counsel for the
parties are ad idem that the disputes between their clients have
been settled under the aegis of the Mediation Centre,
Ernakulam. They pointed out that a Memorandum of joint
settlement has also been placed on record.
2. I have examined the Memorandum referred above and
notice that it has been signed by the parties, as also by their
learned counsel; and therefore, see no reason why it cannot be
accepted.
In the afore circumstances, accepting the joint settlement
between the parties, I close this suit without any further orders
and directing the parties to act implicitly in terms of the said
settlement.
Needless to say, since tJre matter has been settled through
Mediation, the plaintiff/plaintiffs will not be liable to make
payment of the Court Fee, even though they were allowed to sue
as indigent, going by the mandate of Section 69 of the Kerala
Court Fees and Suits Valuation Act, 1959.
edlqi..S,.No.3 OF 2018
The learned counsel for the t't defendant, SriJoy Thattil
Ittoop, at thls time, submitted that there are L3 other Admiralty
Suits connected to this case and that towards security for the
c-laims in all of tbem. one Fired -Deposit for 8s.13,5 Crores bas
been furnished in this case. He says that since all the Suits,
except Admiralty Suit No.16/2018, have been now settled
through Mediation, the Registry may be directed to return the
Fixed Deposit and he undertakes that his client will furnish a
fresh Fixed Deposit for the suit claim in Admiralty Suit
No. L 6l20L8 at the earliest.
When I hear SriJoy Thattil Ittoop, it is ineluctable that the
afore mentioned Fixed Deposit has been furnished for the
purpose of securing the claims in the fourteen Admiralty Suits
and since all of them. except Admiralty Suit No.L6l201,B has
already been settled, they will be entitled to seek return of the
same only if they secure the plaint claim in Admiralty Suit
No.1 612418 suitably.
Therefore, I further order that the L't defendant will be at
liberty to seek return of the Fixed Deposit earlier furnished in
this case as soon as they produce a fresh one to secure the
Adlol.S..No.3 OF 2018
plaint claim in Admiralty Suit No.16/2018.
The Reglstry is directed to act accosdingly as and when
the new Fixed Deposit is brought on record.
SD/-
DEVAN RAMACHANDRAN
rp JUDGE
BEFORE THE HONOURABLE HIGH COURT OF
KERALAAT ERNAKULAM
(Admiralty Jurisdiction)
Admiralty Suit No. 3 of 2018
Sajitha and others Plaintiff
Vs.
Owners and Parties Interested in the Defendants
Vessel MV SCI MUMBAI (IMO 9419539)
and Another
a
REPORT SUBMITTED BYTHE MEDIATOR
ADV. RAZIYA P.A.
Mediated, matter is settled.
Terms and conditions are attached herewith.
Dated this the 26h day of November,2020..
o
dv. Raziya P.A.
Ernakulam Mediation Centre
BEFORE THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM
Admiralty Suit No. 3 of 2018
Sajitha & Ors : Plaintiffs
-Vs-
Owners and Parties Interested in the
Vessel MV SCI MUMBAI (IMO 9419539)
& Anr Defendants
o
o
VIPIN P.VARGHESE
V.J MATHEW & CO
COUNSEL FOR THE PLAINTIFFS
&
JOY THATTIL ITTOOP
CALLIDUS LEGAL
COUWSPL FOR THE DEFENDANT NO.l
BEFORE THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM
(Admiralty Jurisdictionl
Admiralty Suit No. 3 of 2018
Sajitha & Ors Plaintiffs
-Vs-
Owners and Parties Interested in the
Vessel MV SCI MUMBAI ( IMO 9419539)
& Anr Defendants
o JOINT SSIYTLEMENT MEMO SUBMITTED BY THE PLAINTIFFS AND
DEFTNDANT No.l
I' The above suit has been filed by the Plaintiffs claiming compensation from
Defendant No.1 on account of the death of Late Siju T.P, S/o Prakashan, Tharayil
House, Mallyankara, Moothakunnam, Ernakulam, Kerala due to the alleged
incident of collision between the vessel MT Desh Shakti and the frshing boat
"Oceanic".
2. The Plaintiffs are the legal heirs of the said deceased siiu T.p.
o 3. The Parties, afler discussions and deliberations have decided to settle the
suit claim of the Plaintiffs against the Defendant No.l, out of court, with the
Plaintiffs accepting adequate monetary compensation to their complete satisfaction
from the Defendant No.1 towards the full and final satisfaction of all their claims
in respect of the above suit and incident.
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4. The settlement reached between the parties is purely on humanitarian
grounds and arising out of sympathy towards the present conditions of the Plaintiff
.B- eE F sand without admitting to any liability as to the incident or quantum as alleged in
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the above suit. Further, the Plaintiffs hereby agrees that they have received the ex-
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*:.e- gratia compensation from the Defendant No.1 as full and final settlement towards
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cr- any and all past, present and future claims in respect of the subject matter.
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qt 5. In the above circumstances, the Plaintiffs hereby withdraws the above suit
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unconditionally making clear that their claim against the Defendant No.1 stands
fullv satisfied and discharged and that they shall not have argff{fi{ffiqn4Q6fffffifr.
For THE SHIPPIIQ cORP0RATl0l{ 0t ll{0lA tID.
[\r*r-
W,&qt-- &&W ftlmirs
c.R,ftiilfilp.V.
qt frr) , G*.nt
Kdkami
Uarryr FlSl
against the Defendant No.1 hereafter in connection with the subject matter of the
suit.
6. The Plaintiffs hereby submits that tJ'ey have no objection in the Honble
Court releasing the security furnished by the Defendant No.1 back to them.
Dated this the 18tt' day of October 2OI9.
|\
PIAI\JIFF No.1
[\tttre^-'
DEFENDANT No.1
:rur th4. v.R
Zfr rTrcfu +q6q ft.rq ft.
FoTTHE SHIPPING C0RP0RATION 0F INDIA LTD.
PLAINTIFF No.2
n.R.gmtfit
Sqr\\hq.v r?
e. v. Kulkami
ruu*mFq qt gsl) / Cienetal Man{er (P&S)
a
,So.-ti \hc,..v Q
PLAINTIFF No.4
PLAINTIFF No.S
}-sif hq,v rl " .
o
UNSEL FOR THE PLAINTIFFS COUNSEL FOR THE DEFENDANT No.l
'lQ*?/uL-*. .edr, G.\^^N, >44ar,
Kerala State Mediation and Conciliation Centre
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