INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRY (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF HARKIVAN BHIKHABHAJ KHARVA & SHAVIRGAN BAGAL [2009] ScotSC 117 (17 June 2009)

INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRY (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF HARKIVAN BHIKHABHAJ KHARVA & SHAVIRGAN BAGAL [2009] ScotSC 117 (17 June 2009)

The deaths of the seamen could have been avoided had the master applied thorough pre-departure planning, properly anticipated weather and sea state, and ensured all securing operations were completed in sheltered waters. The master's misunderstanding of port requirements and failure to appreciate the risk of exposed deck work in rough seas were causative.

Citation
[2009] ScotSC 117
Parties
Deceased: Harjivan Bhikhabhai Kharva; Deceased: Ravindra Shavirang Bagal; Ship Owner: FR8 Ship Management PTE Limited; Master of Vessel: Captain Vikas Nayar; Public Prosecutor: Procurator Fiscal
Jurisdiction
Scotland
Judgment Date
17 June 2009
Procedural Posture
Fatal Accident Inquiry / Determination
Outcome
Accidental deaths resulting from maritime industrial accident; avoidable with better planning and risk assessment.
Legal Topics
Maritime Accident, Employer's Duty of Care, Port Regulations, Crew Safety, Pre Departure Planning, Weather Risk Assessment
Admiralty Law Health and Safety Public Law Maritime Accident Employer's Duty of Care Port Regulations Crew Safety Pre Departure Planning +1 more

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Parties

Harjivan Bhikhabhai Kharva

Deceased

Ravindra Shavirang Bagal

Deceased

FR8 Ship Management PTE Limited

Ship Owner

Captain Vikas Nayar

Master of Vessel

Procurator Fiscal

Public Prosecutor

Procedural Posture

Fatal Accident Inquiry / Determination

Legal Issues

  1. 1 Whether the deaths of the seamen could have been avoided by different actions of the vessel's master
  2. 2 Whether port regulations or guidance contributed to the accident
  3. 3 Whether proper pre-departure planning and risk assessment were conducted

Ratio Decidendi

The deaths of the seamen could have been avoided had the master applied thorough pre-departure planning, properly anticipated weather and sea state, and ensured all securing operations were completed in sheltered waters. The master's misunderstanding of port requirements and failure to appreciate the risk of exposed deck work in rough seas were causative.

Court Disposition

Accidental deaths resulting from maritime industrial accident; avoidable with better planning and risk assessment.

Orders

  • Recommendation that Orkney Harbour Authority review and clarify anchor readiness requirements and guidance for masters.