The Kerala High Court has ordered the detention of multiple ships owned by Mediterranean Shipping Company (MSC) in connection with the sinking of the MSC Elsa 3 off the coast of Kerala. These detentions stem from various compensation claims filed by fishing boat owners and the state government, citing environmental and economic damages.
Legal Maneuvers and Ship Detentions
The High Court has issued arrest warrants for several MSC vessels, including MV MSC Makoto II and MV MSC Palermo, as collateral for significant claims. These actions directly respond to admiralty suits filed by individuals and the state government seeking compensation for damages allegedly caused by the MSC Elsa 3’s sinking on May 25.
Key Takeaways
- The Kerala High Court has ordered the arrest of multiple MSC vessels.
- Claims range from damages to fishing boats and gear to widespread environmental and economic harm.
- The state government is seeking over Rs 9,531 crore in compensation.
- MSC has previously posted bonds to release detained ships, but one vessel, MSC Akiteta II, remains detained in connection with the state’s large claim.
Claims and Compensation Demands
Seven fishing boat owners have filed claims totaling Rs 2.79 crore, alleging that debris from the sunken MSC Elsa 3 damaged their boats and equipment. Separately, the state government has filed a massive claim of Rs 9,531 crore, citing grave environmental and economic damage, including pollution, oil slicks, and harm to marine life. The state’s claim includes Rs 8,626.12 crore for pollution damage, Rs 378.48 crore for environmental restoration, and Rs 526.51 crore for economic losses to fishermen and coastal communities.
MSC’s Response and Previous Detentions
MSC has sought to limit its liability and combine claims into a single case. The company has previously managed to secure the release of detained ships by posting bonds. However, the MSC Akiteta II remains arrested in connection with the state’s substantial compensation claim, with MSC yet to post a bond for its release. The company has disputed the scope of the government’s allegations and proposed capping its liability at $14 million based on the vessel’s value.
Ongoing Salvage and Investigation
Salvage operations are continuing, with efforts focused on recovering containers and addressing environmental impacts, including the collection of nurdles from beaches. Investigations into possible safety lapses that may have contributed to the sinking are also ongoing. The captain and crew of the MSC Elsa 3 are facing charges related to negligence.
Sources
- Claims case related capsize of Elas 3: Kerala HC orders arrest of one more ship | Kochi News, The Times of India.
- Indian Court Detains More MSC Ships as MSC Elsa 3 Claims Grow, The Maritime Executive.
- Kerala High Court Orders Arrest of MSC Elsa-3 Sister Ship after State Seeks Rs9,531 Crore Compensation, Moneylife.
- Shipwreck compensation claim: HC orders arrest of sister ship of MSC Elsa 3 | Kochi News, The Times of India.
- India Detains MSC Ship as it Seeks $1B in Compensation for MSC Elsa 3, The Maritime Executive.
The Maritime-Hub Editorial Team
Disclaimer: The views and opinions expressed in this article are solely those of the author and do not necessarily reflect the official policy or position of Maritime-Hub. Readers are advised to research this information before making decisions based on it.
