Kerala HC directs detention of MSC shipping line vessel

Kochi, Aug 12 (IANS) In a significant setback for the owners of the MSC shipping line, the Kerala High Court on Tuesday ordered the detention of another vessel belonging to the company in connection with an accident off the Kochi coast earlier this year.

The order came in response to a compensation plea filed by four fishing boat owners, who alleged that their equipment and livelihood suffered losses due to debris from the MSC Elsa-3 cargo ship accident on May 24.

Acting on their petition, the court directed that the MSC Palmera — another ship owned by the Mediterranean Shipping Company (MSC) — currently docked at the state's Vizhinjam, be held until further orders.

According to the petitioners, debris from the accident damaged fishing nets and gear, causing substantial financial loss.

The court had earlier indicated that compensation for both the fishing losses and related economic damages could be recovered from the company.

The incident occurred about 30 nautical miles off the Kochi coast in the Arabian Sea, when the MSC Elsa-3 container ship was reportedly involved in an accident.

The Fort Kochi Coastal Police registered a case, naming the vessel’s owner as the prime accused, the ship’s master as the second accused, and the crew members as the third accused.

The case has been filed under provisions related to endangering human life through the negligent handling of a cargo vessel. Investigators allege that improper navigation and handling of the ship led to the incident, which subsequently polluted the waters and impacted the local fishing community.

The detention of the MSC Palmera marks a legal strategy often used in maritime disputes — arresting a different vessel of the same owner to secure claims when the offending ship is not accessible.

With the court’s latest order, MSC will likely need to either furnish security or negotiate a settlement with the aggrieved fishermen before the vessel can be released.

The case adds to a growing list of maritime disputes where fishing communities have sought legal redress for damages caused by large shipping companies operating along India’s western coast.

--IANS

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