Sinking of MSC Elsa 3: Kerala HC admits PILs seeking compensation

A Division Bench of the Kerala High Court has admitted public interest litigations (PILs) that were filed seeking compensation for fishers and others affected by the sinking of MSC Elsa 3, a Liberia-flagged container vessel that was carrying hazardous and other cargo, off the Alappuzha coast on May 25.

The Bench of Chief Justice Nitin Jamdar and Justice Basant Balaji posted the case for hearing in September, considering that a Single Bench is hearing an Admiralty suit filed by the State government seeking ₹9,351 crore as compensation for marine and coastal pollution, loss of fishers’ livelihood and the ‘remediation’ measures following to the ship’s sinking.

However, the petitioners can approach the Division Bench in instances where directions to the government, the Director General of Shipping or to the Pollution Control Board are needed, the court said. The PILs had been filed by T.N. Pratapan, former MP and chairperson of the Kerala Fishermen Coordination Committee, among others. Another PIL was filed by Charles George, social activist and president of Kerala Fish Workers Coordination Committee and of Swathanthra Matsya Thozhilali Union, seeking $134 million as environmental security deposit following sinking of the vessel.

The counsel for MSC, which operated the vessel, said that the inclement weather has affected efforts to salvage goods and oil from the sunk vessel.