Claim for damages to fishing boat by another boat
Tushar
(Querist) 12 September 2014
This query is : Resolved
Dear Experts,
there is an accident between two fishing boats due to the rash negligence of one of the boat and an FIR is also registered against the operator and Navigator of the said boat under section 280 r/w 34 IPC.
the other boat has been damaged and wants to file Claim Petition against the offending boat.
under which Act and in which court can the said claim be filed???
is there any provision or Act like that of the Motor Vehicle Act for accidents at sea/water???
Thanks..
ROHIT SHARMA
(Expert) 12 September 2014
Dear Mr. Tushar,
1. The application of M.V.Act is not attracted in this instance of accident on sea water. No claim can be made before the M.A.C.T. in this regards.
2. However, you can file a civil suit u/s 19 of the Civil Procedure code and seek compensation for the wrong done to your moveable i.e. the boat.
Rajendra K Goyal
(Expert) 13 September 2014
Civil suit need to be filed for compensesation.
Sudhir Kumar, Advocate
(Expert) 13 September 2014
consult inland vassal act which is almost identical to MV Act.
Tushar
(Querist) 13 September 2014
Thanks to all experts who have replied..
section 54(C) of the Inland Vessels Act makes the section 134, Chapters X, XI and XII of the Motor Vehicle Act, 1988 applicable in relation to Mechanically propelled vessels...
But section 2 (a) of the inland Vessels Act defines as
"inland vessel" or "inland mechanically propelled vessel" means a mechanically
propelled vessel, which ordinarily plies on inland water, but does not include fishing vessel and
a ship registered under the Merchant Shipping Act, 1958(44 of 1958);
in my case the vessel involved is a fishing boat.. so this act would not apply...
so it looks like filing a suit is correct option...
experts please confirm..
thanks..
Tushar
(Querist) 13 September 2014
Thanks to all experts who have replied..
section 54(C) of the Inland Vessels Act makes the section 134, Chapters X, XI and XII of the Motor Vehicle Act, 1988 applicable in relation to Mechanically propelled vessels...
But section 2 (a) of the inland Vessels Act defines as
"inland vessel" or "inland mechanically propelled vessel" means a mechanically
propelled vessel, which ordinarily plies on inland water, but does not include fishing vessel and
a ship registered under the Merchant Shipping Act, 1958(44 of 1958);
in my case the vessel involved is a fishing boat.. so this act would not apply...
so it looks like filing a suit is correct option...
experts please confirm..
thanks..
T. Kalaiselvan, Advocate 
(Expert) 20 September 2014
Yes you have come out with a suitable answer yourself to own query, I endorse your opinion.
Advocate Bhartesh goyal
(Expert) 13 September 2014
