Skip to main content

Private company fined for environmental issue

The Principal bench of the National Green tribunal (NGT) today directed Delta Marine Shipping Company (Delta Shipping Marine Services SA and sister concerns) and Adani Enterprises Ltd. to pay Rs 100 crore and Rs 5 crore respectively as compensation for causing damage to the marine environment.

The bench, headed by Chairperson Swatanter Kumar made the determination on an application made by Mumbai resident, Samir Mehta for environmental pollution caused by the sinking of Delta carrier MV RAK around 20 nautical miles of the coast of Mumbai while carrying over 60054 metric tonnes of coal for Adani in 2011.

The vessel also contained around 290 tonnes of fuel oil and 50 tonnes of diesel, on its voyage from Indonesia to Dahej in Gujarat, but sank before reaching its destination causing an oil spill spreading across the Maharashtra coastline from Mumbai to Raigad, affecting both human and maritime life.

During the course of the proceedings, Delta took the stand that the damages were liable to be paid by the insurance company Astra Asigurari Insurance, amidst other defenses. The tribunal negated this stance through the interpretation of various local and international laws on the topic and adjudicated a sum of Rs 100 crore as compensation payable by the company.

This is the second time this year that the Tribunal had held private companies responsible for environmental/natural disaster. Earlier this year, the Tribunal had ordered Alaknanda Hydro Power Co. Ltd., a hydroelectric power company, to pay Rs 9 crore as compensation to people affected by Uttarakhand floods in 2013 because the dam constructed by the company contributed to the flooding experienced by residents of the region.


Comments

Post a Comment

Most viewed this month

Dishonour of cheques - Jurisdiction and cause of action explained

In a landmark judgment, Hon'ble Supreme Court went to some length to define the cause of action and jurisdiction of cases under Section 138 of the Negotiable Instruments Act. While deciding in 2014 STPL(Web) 499 SC 1, Dashrath Rupsingh Rathod Vs. State of Maharashtra & Anr., the Hon'ble court said, one of the main issues faced by the court (a) from which stage do we consider a offence under Section 138 to have been caused (b) Where would the jurisdiction of the court lie if the cheque was drawn in city A and presented dishonored in City B ? After discussion on various past decisions, the Hon'ble court finally affirmed, " To sum up: (i) An offence under Section 138 of the Negotiable Instruments Act, 1881 is committed no sooner a cheque drawn by the accused on an account being maintained by him in a bank for discharge of debt/liability is returned unpaid for insufficiency of funds or for the reason that the amount exceeds the arrangement made with the bank. (...
Post a Comment
Read more

Loss of earning capacity, and not percentage of disability, must decide compensation, says HC

While computing compensation claims of accident victims, the victim's loss of earning capacity shall outweigh the percentage/extent of his disability, the Madras high court has felt. Justice R Mahadevan, enhancing the compensation payable to an injured driver by Rs 2 lakh, said: "In cases for compensation, it is not the disability, which is partial or total, alone that matters, it is the loss in earning capacity as a result of accident that is to be considered." R Murali, driver of a mixed concrete vehicle, met with an accident in January 2009 and suffered injuries in hip, right leg and ankle. He claimed loss of 100% earning capacity and sought appropriate compensation along with 12% interest rate. However, as the disability certificate issued by a doctor pegged the percentage of his disability at 60%, the deputy commissioner of labour-II, awarded Rs 3.12 lakh as compensation, by fixing the monthly income at Rs 4,000. Aggrieved by the poor package, Murali filed the...
Post a Comment
Read more

Registrar cannot remove trademark from record without notice to trademark holder

In Kleenage Products (India) Private Limited vs The Registrar of Trade Marks, the petitioner had applied for registration of trademark ‘KLITOLIN’ which was accepted and from 1988 to 2009, the said trademark was renewed multiple times. The trademark was due for renewal on August 21, 2009, but the petitioner failed to tender application for renewal.  It was, thereafter, revealed that the trademark is likely to be removed from the register. The petitioner contended that the Registrar of Trademarks (respondent No.1) also failed to issue the requisite mandatory notice in Form O-3 to him (the registered proprietor) under Section 25(3) of the Trade Marks Act, 1999. The Bombay High Court allowed the petition holding that any such removal can only be possible if prior notice, mandatory under Section 25(3) of the Trade Marks Act 1999, has been given Article referred: http://www.livelaw.in/removal-registered-trademarks-cant-done-without-giving-prior-notice-registered-proprie...
Post a Comment
Read more