Collision - Damage to Ship - Loss of Seafarer
27.12.2017 |Articles
At 1600 hour on 20th May 2009, “Hua Chen Tai Zhou” owned by Taizhou Star Co., Ltd collided with “Rong Tong Da 1” owned by Guangxi Rongtongda Shipping Co., Ltd at 51SJ waters in the lower reaches of Humen Bridge at Zhujiang Estuary, causing “Hua Chen Tai Zhou” severely damaged and “Rong Tong Da 1” sunken with one crew onboard missing.
After the occurrence of the accident, Guangxi Rongtongda Shipping Co., Ltd, the shipowner of “Rong Tong Da 1” and the families of the missing crew Song Jianfeng applied to Guangzhou Maritime Court for arrest of “Hua Chen Tai Zhou” on 22nd May 2009. To lifting up the arrest of “Hua Chen Tai Zhou” as soon as possible, China Shipowners Mutual Assurance Association (the P&I Club of “Hua Chen Tai Zhou”) and China Continent Property & Casualty Insurance Company Ltd., Shenzhen Branch (insurer of the hull insurance), through the court, provided Guangxi Rongtongda Shipping Co., Ltd with a security of CNY 16,500,000.00 (some US$ 2,426,471.00) and a security of CNY 1,200,000 (about US$176,471.00) for the case arising from personal injury and death of Song Jianfeng. In addition, at the request of Guangzhou Marine Safety Administration (Guangzhou MSA), China Shipowner's Mutual Assurance Association provided Guangzhou MSA with a security of CNY 1 million for vigilance of sunken vessel, establishment of warning marks for the sunken vessel, plugging of oil tank, pollution cleaning up and maritime patrol fee, which will be charged by Guangzhou MSA.
On 15th June 2009, the plaintiff Guangxi Rongtongda Shipping Co., Ltd lodged a claim before the court, claiming for an indemnity of CNY16,500,000.00 against the defendant Taizhou Star Co., Ltd. On the even date, Song Yinghao, Huang Fuling and Pu Yahong, the families of the plaintiff Song Jianfeng, instituted a claim of CNY800,000.00 against the defendant Taizhou Star Co., Ltd for personal casualty of Song Jianfeng in the court.
On 25th June 2009, the defendant Taizhou Star Co., Ltd. lodged a counterclaim, requesting the plaintiff Guangxi Rongtongda Shipping Co., Ltd to compensate a total amount of CNY4, 300,000.00 (some US$632,353.00) for oil pollution damages caused by the subject collision accident, loss of personal injury and death as well as loss of Guangzhou MSA in emergency handling fee and salvage fee. The plaintiff of the case also, through the court, seized and attached “Rong Tong Da 1”’s ship insurance indemnity of CNY4, 300, 000.00. Our laws firm is now handling the subject case for and on behalf of the interests of “Hua Chen Tai Zhou”.