The plaintiff Miah is the owner of the ML Jalamoni and was carrying on his business of inland water transport. The defendant Hashem is the owner of the ML Madina, which collided with and sank the ML Jalamoni, which became a total loss, and caused the death of 8 persons on board the ML Jalamoni. The defendant argued that it was not liable for the collision and that the court had no jurisdiction to hear the claim.

Held: Judgment for the plaintiff in part.

The Court has jurisdiction to determine the claim. The collision was caused by the defendant's breach of statutory duty in taking a short cut and navigating down the wrong side of the river. However, the ML Jalamoni's licence contains the following clause: 'approved to ply for not exceeding 6 hours journey at one time daring the daytime in the normal weather in the inland waterways as a passenger's motor launch. Valid up to the 6th July, 1964'. When the ML Jalamoni set out at 7 pm from Chandpur Ghat it was therefore in violation of its certificate.

So far as maritime collisions are concerned, the law is embodied in the Maritime Conventions Act 1911 (UK). On the day that the Courts of Admiralty (Pakistan) Act was enacted in 1891, this Court had the same jurisdiction as that of the Court of Admiralty on that day in England. But the Maritime Conventions Act 1911 (UK), judged from that point of view, would not be applicable to the Court of Admiralty in Pakistan. There is no legislation of the type of the Maritime Conventions Act 1911 passed either by the Indian legislature or Pakistan legislature. But the same principles should be followed by this Court.

Applying this principle, the ML Jalamoni was guilty of breach of statutory duty but the accident was not wholly caused by this breach. By plying at a time forbidden by its licence it merely laid itself open to the occurrence of such an accident. But that was not the cause of the accident. The direct cause of the accident was the fault of the master and crew of the ML Madina. The damages which the ML Jalamoni can claim shall be reduced by 33 per cent.

The suit is therefore decreed against the defendant for BDT 19,750.

[For the partially successful appeal to the Supreme Court (High Court Division), see Owner and Parties interested in the Vessel ML Madina v Owners of the Vessel ML Jalamani (CMI848).]