compensation from private shipping company
surjit singh
(Querist) 21 January 2015
This query is : Resolved
One of my near family member died while he was working as an engineer on a cargo vessel. On 19-12-2014 near offshore nagapattam the vessel sink due to leakage .The company was an private cargo shiping company having its registered office at Mumbai.My question is whether the kin is entitled to compensation from the company. If yes, whether they have to approach workman claims tribunal at mumbai or they can approach the tribunal in the state where the deceased family is staying. Please advice.
surjit singh
(Querist) 21 January 2015
The family of the deceased are staying in the state of Bihar and it is very difficult for deceased old parent to approach mumbai for compensation.
surjit singh
(Querist) 21 January 2015
Waiting for reply from experts.
Isaac Gabriel
(Expert) 21 January 2015
Ascertain from the company whether compensation was awarded to the crew on board.If no reply is received file a case against the company at Mumbai.
DR.VEDULA GOPINATH
(Expert) 22 January 2015
dear sir
LIFE LOST DURING AND IN THE COURSE OF EMPLOYMENT IN THE INTERNTIONAL WATERS.
THUS COMPENSAQTION APART FROM I.D. ACT I AM UNDER THE CONSIDERED OPINION THAT THE EMPLOYER IS LIABLE FOR EXEMPLARY COMPENSATION APART FROM THE OTHER BENEFITS AS ALLOWED BY INDIAN LAWS.
PLEASE SEND ME FULL DETAILS OF APPOINMENT TERMS AND CONDITIONS AND VOYAGE DETAILS ETSC ETC
THANKS
dr vedula gopianth
advocate arbitrator and corp. consultant
vgnath@gmail.com
984822926
DR.VEDULA GOPINATH
(Expert) 22 January 2015
the basis of compensatin claim
Had he lived...........how much he would have earned till the time of his retirement.
to what extent the family memebrs
wife
kids
old parents
friends
relatives
suffering becos of his death due to the fault of the shipping company,
Basing on the above facs and fgiures, we should file a claim for compensaiton reimbursement, damages, charges etc etc frm the shipping company who in turn can calim some of these benefits from the foreign shipping company as there is one insurance policy taken by rtghe ship owner.
we should get the benefits of the risk policy which was taken by thge ship owner but not the middle men.
regards
sincerely
surjit singh
(Querist) 23 January 2015
It was not international water it was near nagapattam. All the necessary papers were in the deceased custody in the vessel which sank. This fact is recorded in the FIR registered by the nagapattanm offshore Police station.
T. Kalaiselvan, Advocate 
(Expert) 24 January 2015
You may approach the above expert wit the details, he will be able to get you suitably compensated through law you take the help of a local lawyer.
