ORDER
K.A. Abdul Gafoor, J.
1. It is an admitted case in Ext. P17 that “the Central Government has noticed that the ship M.C. Pearl was on passage to Kandla to Dubai and was reported to be in distress at about 2.30 hours on 24-9-1995…………” It is also an admitted tact in
Ext. P17 that C.G.S. Vajra under the commandership of the petitioner and on routine deployed in the area was diverted to provide necessary assistance to M.C. Peari. It is again a noted fact by the Government of India that ‘the Coast Guard ship Vajra had rescued the crew and stood by to provide assistance”. Thus saving of life and property at the sea is an admitted fact. But the salvage is denied to the petitioner on the ground that it was his bounden duty under Section 14 of the Coast Guard Act to render assistance to the ship in distress. While considering this aspect in Ext. P17. the Government had not adverted to Section 402 of the Merchants Shipping Act, 1958 which provides for payment of salvage for saving life, cargo or wreck. Subsection (3) therein provides :
Where salvage services are rendered by or on behalf of the Government or by a vessel of the Indian Navy (or of the Coast Guard) or the Commander or crew of any such vessel, the Government, the commander or the crew, as the case may be, shall be entitled to salvage and shall have the same rights and remedies in respect of those services as any other salvor”.
Section 3(4) defines salvage as under :
“Salvage” includes all expenses properly incurred by the salvor in the performance of salvage services”.
The commander of Coast Guard is also treated as a ‘Salvor’ in terms of Sub-section (3) of Section 402. Therefore, he will also be entitled to salvage as provided in Section 3(40) of the Act, the petitioner submits. This aspect is not noticed while the Government considered the issue in Ext. P17. Even going by the contention of the Central Government Standing Counsel, the Government is also entitled to salvage.
2. When it is an admitted fact that the petitioner is the commander of a ship and the crew had saved the life and property of M.C. Pearl at the sea, necessarily, it cannot be taken that, they shall be denied of the salvage merely because it was their duty cast under Section 14 of the Coast Guard Act. Over and above, the provisions in Section 402 entitles him to get salvage. Had it been considered, necessarily, the petitioner could have resorted to the remedies available to him in Section 402 of the Merchants’ Shipping Act. There was no consideration of entitlement to raise a dispute to be adjudicated under Sub-section (4) of Section 402.
Accordingly, 1 quash Ext. P17 and direct the Government to consider the matter afresh taking note of the provisions contained in Section 402 as above, Original petition is allowed.