Supreme Court of India · 1959-01-12
THE ASIATIC STEAM NAVIGATION CO., LTD. vs SUB-LT. ARABINDA CHAKRAVARTI
- Citation / case number
- SC 1954/90249
- Court
- Supreme Court of India
- Petitioner
- THE ASIATIC STEAM NAVIGATION CO., LTD.
- Respondent
- SUB-LT. ARABINDA CHAKRAVARTI
Judgment text excerpt
The Supreme Court held that the patrol ship K was justified in taking port action to avoid a collision with cargo ship N, as per Articles 27 and 29 of the Merchant Shipping Act, 1894, which require action to avert collision when vessels are too close. The Court found that N's navigation was negligent for failing to adhere to Article 23 by not reducing speed or reversing between 6:45 p.m. and 6:48 p.m. The previous decisions in 'The Tioga' and 'The Empire Brent' were distinguished, affirming the High Court's dismissal of the suit against K's officer.