Page 33 - Insurance Times June 2024

be permitted to sail out of the port of Vishakhapatnam. In itself was placed before the Bench of the learned Chief
case the execution petition ultimately succeeds on merits Justice wherein upon recording concurrence as regards
against the appellant it will be open to Respondent No.1 the maintainability of the petition it was observed that
decree-holder to encash the Bank Guarantee amount the Execution Petition be heard on merits and hence
towards its claim in the execution proceedings. Subject to the the Special Leave Petition (SLP) before this Court under
aforesaid modification both the appeals stand dismissed with Article 136 of the Constitution being SLP(C) No. 4410 of
no order as to costs in each of them”. the court asserted. 2000. (17.08.2000). Lastly, both the SLPs were
dismissed by the learned court.
Thus, the dismissal of the appeal would not prevent M.V. A
L Quamar to obtain release of the attached ship on Maritime liens are unique as they view the vessel as a legal
furnishing a bank guarantee of a nationalised bank for entity apart from its ownership. Although the ship is
suitable amount to the satisfaction of the Registrar of the considered guilty in case of an accident, the vessel owner
must represent the vessel in all legal proceedings. Thus, they
Andhra Pradesh High Court, pending the execution
must repatriate, re-compensate, or suitably comply with the
proceedings. "Once such Bank guarantee is furnished by the regulations of the admiralty court “on behalf” of the vessel.
appellant and requisite undertakings as earlier ordered by
the High Court are filed, the ship will be released from
attachment and will be permitted to sail out of the Port of
Vishakhapatnam," the court ordered.

Chronology:
1. It was held by that Court that respondent No. 2 was
liable in the sum of US $265,000 together with interest
@ 9.51% p.a. from 01.06.1994.
2. Respondent No. 2 is alleged to have sold the said vessel
for US $ 2,515,000 by a Memorandum of Agreement
dated 04.02.1997. (Quamar Shipping Ltd.)
3. Ex-parte and a decree for damages for breach of salvage
*I am thankful to Dr.S.Mukherjee, an Expert and
contract was passed by the English Court on 02.11.1998
International Investigator for Maritime Fraud for his advice
4. The learned Single Judge of the Andhra Pradesh High
Court on 15th September, 1999 granted an interim Dr.Soumi Mukherjee completed her Graduation in Mass
order as prayed for on a prima facieview of the matter Media and Masters in Mass Media from University of
that the Execution Petition can be filed in the High Mumbai, later completed her Ph.d. She is interested in
Courtwhich is otherwise having original admiralty Investigative Journalism related with History, Geography,
jurisdiction. Zoology etc. She is currently serving in Media Officer
with International Police Organization.
5. In terms of the order as above, the Execution Petition

Come June 1, the government will converge two insurance schemes for fishermen, which might help in reducing the
premium burden and easing implementation issues, sources said. Sources have revealed that for the fishermen insurance
scheme under the Pradhan Mantri Suraksha Bima Yojana (PMSBY) and the Group Accident Insurance Scheme (GAIS)
will be converged to provide comprehensive insurance coverage of Rs 5 lakh for fishermen (Rs 3 lakh under GAIS for
accidental death or permanent total disability and Rs 2 lakh under PMSBY). Until now, sources have indicated that
coverage of Rs 2 lakh was offered under PMSBY, while coverage of Rs 5 lakh was provided under GAIS.
For GAIS, a premium of Rs 91 per fisherman per year was calculated based on the last available data, while under
PMSBY, a premium of Rs 20 per fisherman was calculated, sources said. As a fully subsidised scheme, fishermen are
not required to pay any premium, with the entire burden borne by the government.

The Insurance Times June 2024 31