Chennai: Ship released on paying compensation

DECCAN CHRONICLE.

PublishedMar 16, 2019, 7:12 am IST

fter the owner of the vessel on Friday agreed to pay Rs 2.50 lakh each to the parents of the deceased.

Madras high court.

Chennai: The Madras high court has ordered the release of a vessel, registered in Singapore, presently operating at Udankudi project, Kallamozhi coastal village, Tuticorin, which was ordered to be seized on March 11 for its failure to pay compensation to the parents of the deceased, who died while in employment, after the owner of the vessel on Friday agreed to pay Rs 2.50 lakh each to the parents of the deceased.

Passing further orders on an application arising out of a suit filed by Raja Pushpam and John Raj, parents of the deceased Sam David Raja, Justice S.Vaidyanathan said, “The Respondent/Defendant (owner of the vessel) is directed to pay a sum of Rs 2.50 lakh to each of the plaintiffs within three working days. Registry is directed to issue the warrant of release forthwith so as to permit it sail in the port”.

When the case came up for hearing, counsel for the vessel Tug Mutha Gem and Barge Mutha Pearl, submitted that an amount of Rs 35.45 lakh (which is equivalent to 69,000 Singapore dollar) has already been deposited in the name of the registrar general and therefore, the interim order already granted on March 11 needs suitable modification so as to enable the respondent/defendant to get the vessel released.

The judge said it was no doubt true that a detailed adjudication was required regarding the jurisdiction of this court to decide the issue on hand, in terms of Clause No.17 of the agreement. But, at the same time, it cannot be lost sight of the fact that it has been vividly mentioned in the communication dated February 23, 2019 of the respondent/defendant that the employee/son of the plaintiffs, who was aged about 21 years at the time of his death, died while on board “Tug Mutha gem and Barge Mutha Pearl”. It was reported across the bar that a sum of Rs 2.50 lakh has already been paid to the parents of the deceased. It was opt to say that nothing will substitute the loss of a person in terms of money, as the plaintiffs have lost their lovable son. Therefore, this court, finding a prima facie case and the balance of convenience in favour of the plaintiffs, feels it appropriate to allow the plaintiffs to withdraw another sum of `5 lakh from the amount deposited by the respondent in the account of the registrar
general of this court, the judge added.

The judge said even assuming that the plaintiffs have to approach the Singapore court for suitable compensation under the Work Injury Compensation Act, which was currently in force in the Republic of Singapore, still the deceased employee needs to be honoured by the respondent in terms of the said Act and also in terms of the agreement between the parties, in the absence of the defence that the accident occurred purely on the fault of the employee. Whether it be an Indian Court or Singapore Court, the minimum compensation payable under the Workmen’s Compensation Act cannot be deprived either by the Indian Court or by the Singapore Court, as there was an admission of employment as well as death on board while in the course of and out of employment, the judge added.

The judge said the respondent has undertaken that the said amount of Rs 5 lakh would be paid by them separately, which was independent of the deposit and in case the plaintiff succeeds in the suit, the said amount would be adjusted from the deposit.

Recording the same, the judge modified his earlier order and forwarded the original deposit receipt to the registrar general of Madras high court for safe custody and to be renewed periodically till the finalization of the dispute in the suit.

All samples of Johnson & Johnson’s powder safe: Tamil Nadu Drugs Control Department

Following the controversy, Central Drugs Standard Control Organisation (CDSCO) analysed samples of the company’s products, including in Tamil Nadu.

Published: 16th March 2019 03:23 AM 

A bottle of Johnson's Baby Powder (File Photo | Reuters)

By Sinduja Jane

Express News Service

CHENNAI: Tamil Nadu Drugs Control Department has said it tested 18 samples of Johnson and Johnson’s baby talcum powder across Tamil Nadu from April 1 till date and found all samples are of standard quality. The baby talcum powder controversy started after claims of presence of asbestos, a known carcinogenic mineral, in the product in USA. A court in USA also awarded compensation to a few victims who were allegedly diagnosed with cancer after using the powder.

Following the controversy, Central Drugs Standard Control Organisation (CDSCO) analysed samples of the company’s products, including in Tamil Nadu. Simultaneously, Tamil Nadu Drugs Control Department also lifted samples and tested them at its laboratory at the Directorate of Medical Services (DMS) here separately.

“From April 1 till date, we tested 18 samples of the company’s baby talcum powder. All are declared of standard quality, that is they complied with Bureau of Indian Standards quality standards,” said K Sivabalan, Director of Tamil Nadu Drug Control Department. Speaking to Express, a Central Drugs Standard Control Organisation official said, “We regularly test samples. But after this controversy, in the last three months, we tested over 100 samples in Tamil Nadu. All the samples cleared the test,” the official said.


It may be recalled that on March 2, the company issued advertisement in newspapers citing the government labtest report on its baby powder to say that it is asbestos free. Following the advertisement, The Drug Control General of India (DCGI) issued show cause notice to the company asking it to explain why it issued such an advertisement violating statutory provisions.The Drug Controller General of India had earlier ordered to lift samples of the product from wholesalers, retailers and distributors across the country for testing.

Tamil Nadu government told to dispose of staff’s appeals related to service, retirement matters
Before parting with the case, the judge pointed out that the filing of the appeal itself is an early remedy available for the litigants.

Published: 16th March 2019 07:12 AM 

By Express News Service

CHENNAI: The Madras High Court has directed the State government to issue circulars to the appellate authorities to dispose of the appeals relating to service and retirement matters from the affected government employees expeditiously within a time-frame. Justice R Mahadevan gave the directive while passing orders on a batch of writ petitions from the affected persons, on Friday.

In one case, C Alim Amber, working as a clerk in Alanganoor Primary Agriculture Co-operative Loan Society, Ramanathapuram district, was suspended from service one day prior to his retirement on July 30, 2014. Challenging this, he preferred an appeal on August 20, 2015 and the same was pending before the appellate authority for years even till now. Hence, the present petition. The judge directed the appellate authorities concerned to expedite the hearing on the appeal and complete it expeditiously.

Before parting with the case, the judge pointed out that the filing of the appeal itself is an early remedy available for the litigants. The appellate authorities, specifically created under the relevant statute, must consider them quickly. Any prolonged pendency of the appeal will naturally cause damage to the legal claim of the litigants.

“In such matters, the appellate authorities, while entertaining appeals from the date of filing, should collect the documents that are sought to be required for early disposal and complete the proceedings, within three months and after providing sufficient opportunity of hearing to both parties, dispose of the same, within six months thereafter,” the judge said.


The judge made it clear that while disposing of the appeals, the appellate authorities shall take into account the fact that because of the long pendency of appeals, if the litigant won the case after a long time, he would certainly be entitled to the consequential monetary benefits, which would cause heavy revenue loss to the government and which can be avoided if the appeals are disposed of early.

Hence, while hearing the appeals, the authorities shall not entertain unnecessary adjournments. The government should take steps for getting the appeals disposed of at the earliest and in this regard, a circular should be issued to all appellate authorities irrespective of the departments, the judge said.

Chennai man sexually abuses puppies
The police are yet to file an FIR and have asked the activist to identify the person and inform them so that he could be arrested.

Published: 16th March 2019 03:19 AM 

By Express News Service

CHENNAI: In yet another case of alleged animal abuse, a man has been accused of sexually abusing four puppies in an empty ground at Mathur near Madhavaram on Thursday. This is not the first he was seen misbehaving with the puppies.

Twenty days ago, the man in his 20s was seen abusing the pups at the second cross street in MMDA Colony, Mathur, and when confronted by the locals, he fled.

“On Thursday, the man was seen again abusing the puppies and when the residents scolded him, he again fled. After they informed me, we retrieved the video and lodged a complaint with the police,” said Sai Vignesh, an animal activist from Chennai.

The complaint was lodged with the Madhavaram Milk Colony police. The police are yet to file an FIR and have asked the activist to identify the person and inform them so that he could be arrested.


When contacted, the station inspector said “The nature of crime is unclear even after seeing the video. We need to have a legal opinion and hence only after the man is arrested, we will be able to file an FIR.”

Philips India told to pay Chennai customer Rs 1.3 lakh

R Balaji, a resident of Villivakkam, purchased a TV from Santhosh & Co, a Philips dealer, at a cost of Rs 67,000.

Published: 16th March 2019 07:11 AM 

For representational purposes (File | Reuters)

CHENNAI: A city consumer forum told Philips India Ltd, its dealer and service centre to pay Rs 1,32,000 to a resident after the television set he purchased in 2015 had to be repaired soon after purchase.


R Balaji, a resident of Villivakkam, purchased a TV from Santhosh & Co, a Philips dealer, at a cost of Rs 67,000. Within a few months, the TV conked and he was charged for repair despite having warranty.

With the problem hardly solved, on September 16, 2017, the PCB Board was also replaced. The consumer forum observed that there was a deficiency of service on the part of the manufacturer, its dealer and the service centre.

‘Re-issue G.O. without revealing victim’s name’

B. Tilak Chandar

MADURAI, MARCH 16, 2019 00:00 IST

HC takes serious view of police lapse

The Madurai Bench of the Madras High Court on Friday directed the State to withdraw the Government Order (G.O.) on transferring the Pollachi sexual assault case to the CBI and issue it afresh without revealing the identity of the complainant.

A Division Bench of Justices N. Kirubakaran and S. S. Sundar observed that the G.O issued revealed the name of the victim and her college, apart from her brother’s name.

Pulling up the authorities concerned responsible for revealing the girl’s identity, the court said they could be proceeded against.

The court held that it was appropriate for the State to take action against the Superintendent of Police, Coimbatore, for his irresponsible conduct of revealing the name of the victim.

It is unfortunate that the Superintendent of Police has disclosed the number of videos received and the number of accused even in the preliminary stage of investigation. The purpose of non-disclosure has not been understood by the officials. The victim gave the complaint with a hope that her identity would be protected. The police have failed to protect the identity of the girl by disclosing the same to the media.

“The cries of the victim are still echoing in our ears. If the identity of the victim is revealed, how will any one come forward against such atrocities”, the court asked.

The court said the incident had sent shock waves across the country. “Let it be an eye-opener. Such incidents should not happen again,” the court said and directed the State to give psychological counselling to the victims, without the knowledge of the others preferably outside Pollachi, so that their identity is protected.

Recommending a compensation of Rs. 25 lakh to the victim, the court asked the Centre and the State to respond if a ‘One Stop Centre’ was set up to counsel such victims as per the guidelines of the Supreme Court.

HC summons officials over case of records manipulation

STAFF REPORTER

MADURAI, MARCH 16, 2019 00:00 IST

The Madurai Bench of the Madras High Court has summoned the Chief Educational Officer and the District Educational Officer of Ramanathapuram district along with a Superintendent to the Block Educational Office after an alleged case of manipulation of certain records was brought to light.

Justice R. Mahadevan, taking into account the nature of allegations levelled in the case, observed that had false allegations been made, the guilty would be sent straight to jail from the court hall itself. The court sought CCTV footage to be produced in the case.

The court was hearing a petition filed by R. Shanmuganathan of Ramanathapuram, a Superintendent. who said he was transferred from the Block Educational Office, Kamuthi in Ramanathapuram district, to the District Educational Office in 2018. Similarly one S. Ramachandran working in the District Educational Office was transferred to the Block Educational Office, Bogalur, Ramanathapuram district.

The petitioner claimed that Ramachandran and the District Educational Officer had colluded and had indulged in various irregularities. Now that he was transferred to that office, he was also asked to do the same, the petitioner alleged.

Besides, Ramachandran had illegally gained entry into the office and manipulated certain records. Subsequently, the petitioner said, he was issued a transfer order in early February in order to accommodate Ramachandran to achieve certain objectives. He sought a direction to quash the transfer order. The case was adjourned to March 19.