TB.MUTHA GEM

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Madras High Court ordered tug to saul from Kallamozzhi after death of crew member

The Madras High Court has directed the "Mutha Gem" and the barge "Mutha Pearl", which is presently operating at the Udankudi project in Kallamozhi coastal village in Thoothukudi, to deposit Rs 50 lakh to the credit of the court and sail away. Justice S. Vaidyanathan gave a direction to this effect on March 6, 2019, while disposing of an application arising out of a civil suit from Raja Pushpam and her husband John Raj, to order an arrest of the ship. Their son Sam David Raja (21) was employed as an Able Seaman aboard the ship and died in unforeseen circumstances. The law of the Republic of Singapore was the governing one with respect to the employment of the deceased Raja, wherein the vessel owner has to pay Rs 50 lakh towards compensation. The vessel was likely to sail and the owners were trying to pay lesser compensation in terms of the Indian Employees Compensation Act and not per the Work Injury Compensation Act, which is currently in force in the Republic of Singapore. The judge, taking note of the rules, said that it is open to the vessel owners to deposit `50 lakh into the credit of the Registrar-General and sail thereafter.