Deepak Divekar, a former merchant navy officer, has been awarded compensation of Rs 1.56 crore by the Arbitral Tribunal of Justice S C Pratap, following a judgment in his favour on Oct 30, 2010 vis a vis his former employer, Kuwaiti shipping company United Arab Shipping Company and its shipping agent Killick Marine Services Ltd.
The arbitration between the company and its agent as respondents, and Divekar as claimant lasted eight years.
According to Divekar, this is the highest compensation any sailor has received from arbitration procedures.
The company had allegedly blacklisted him following allegations of drunken misbehaviour, unprofessionalism and causing communal disquiet while on board.
The company had allegedly blacklisted him following allegations of drunken misbehaviour, unprofessionalism and causing communal disquiet while on board.
Divekar, who was subsequently forced' to quit his shipping career for lack of employment, said that the allegations of unprofessionalism came after he opposed the decision of his captain to purchase 100 MT of non-potable water while on board M V IBN Abdoun at Statia terminal in the vicinity of the Caribbean islands in 2000. "The water was unfit for human consumption, as was subsequently proved by the fact that two other officers, apart from myself, as well as crew members like the bosun and fitter suffered from severe stomach problems," he said. Repatriation at the next port (which was in Russia) was not possible.
The vessel arrived in India on Sept 27, 2000, said Divekar. "Though I requested the shipping agent, Killick Marine Services Ltd, for help, I was refused it. I had no option but to seek medical help on my own, despite the terms of the contract that if an officer is signed off on medical grounds, it is the duty of the ship owner - in this case, the United Arab Shipping Company - to reimburse the amount."
Following this episode, Divekar says he could not get a job with any company, as the company charged him with drunken misbehavior, unprofessionalism and causing communal disquiet while on board. "The mental grief this caused my family was immense. I was also at a wit's end with regard to fulfilling my responsibilities towards my ailing parents, sick wife and young son," he said.
The vessel arrived in India on Sept 27, 2000, said Divekar. "Though I requested the shipping agent, Killick Marine Services Ltd, for help, I was refused it. I had no option but to seek medical help on my own, despite the terms of the contract that if an officer is signed off on medical grounds, it is the duty of the ship owner - in this case, the United Arab Shipping Company - to reimburse the amount."
Following this episode, Divekar says he could not get a job with any company, as the company charged him with drunken misbehavior, unprofessionalism and causing communal disquiet while on board. "The mental grief this caused my family was immense. I was also at a wit's end with regard to fulfilling my responsibilities towards my ailing parents, sick wife and young son," he said.
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