P.Rajamani vs Director General Of Shipping And Others

C.V.Karthikeyan, J

The matter had been mentioned in the morning seeking permission to bring it up in the afternoon.

The request was acceded.

2.The Writ Petition relates to a collision, which occurred on 20.10.2021, wherein, a mechanised fishing boat, owned by the petitioner herein, when on the sea, had collided with the vessel of the sixth respondent, namely, M.V. Navios Venus. Compensation is sought.

3.Now, an agreement had been reached between the parties with respect to the compensation payable and it is uniformly stated by the learned Counsel for the petitioner and the learned Counsel for the 6th and 7th respondents that they have mutually agreed for payment of Rs.70,00,000/-(Rupees Seventy Lakhs) as compensation. Payment has been made by way of a demand draft in the presence of the Registrar (Judicial), Madurai Bench of Madras High Court. In view of the said development, nothing survives for adjudication in this Writ Petition. The settlement already entered into between the parties outside the Court is recorded.

4.The Vessel, M.V. Navios Venus which has been detained from 29.10.2021 and is now lying at Mumbai Port, is directed to be released by the authorities of Mumbai Port Trust.

5.The sixth and seventh respondents are directed to execute a letter of undertaking to deposit Rs.50,00,000/- (Rupees Fifty Lakhs), which is approximately a portion of the compensation demanded by the injured fishermen. Such letter of undertaking may be forwarded to the Registrar (Judicial) of the Madurai Bench of Madras High Court with reference to W.P.(MD)No.19812 of 2021 by 12.11.2021. The same shall be invoked by the injured fishermen, if they approach this Court or any other judicial forum seeking compensation.

6.Any further amount may be decided in accordance with a separate agreement, if at all reached between the 6th, 7th respondents and the injured fishermen or on adjudication of any claim preferred.

7.With the above said directions, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.