Saturday, July 12, 2008 Trans-Asia files P3.2M suit vs. shipping firm for damages
AS SULPICIO Lines and its Princess of the Stars continue to figure in the news, another inter-island shipping company has filed a suit against another maritime company for allegedly ramming its ship in open water.
Trans-Asia Shipping Lines Inc., in the suit lodged before the Regional Trial Court (RTC), wants over P3.2 million in damages and litigation expenses from the Jomalia Shipping Corp.
The latter company is based in Mandaue City and is run by Mario Lua. One of its vessels is the LCT Gwen Vida, whose skipper is Allan Racaza.
Story
In its complaint, Trans-Asia narrated how the LCT Gwen Vida rammed its vessel, the mv Trans Asia 1 mid-ship last July 28, 2005, while the vessel was on its way to Cebu City from Cagayan de Oro.
According to the complaint, the weather was good and the vessel sailed normally until it got hit.
“At all relevant times, the officers and crew of the mv Trans-Asia with reasonable care and caution, took all measures, exerted all efforts, and exercised and used sufficient diligence to avoid being hit by the vessel LCT Gwen Vida,” read the complaint prepared by Dexter Viñan.
On the other hand, the complaint continued, the skipper of the LCT Gwen Vida already spotted the mv Trans-Asia 1 five to six miles away.
But “for the lack of skill, imprudence and poor seamanship” the crew allegedly failed to “make a full appraisal of the situation and did not take all the necessary precautions in time to avoid the collision.”
It attached a copy of an investigation report by the Maritime Industry Authority (Marina).
According to Trans-Asia, LCT Gwen Vida should have given way, but the skipper “took no action to avoid hitting Trans Asia 1, as he went (on) thinking he could pass through.”
Expired
According to the complaint, the LCT Gwen Vida’s ship station license was expired at the time of the collision. That it was at sea was in violation of Republic Act 3846 or the Philippine Merchant Marines Rules and Regulations.
Having an expired license, Trans-Asia said, rendered the LCT Gwen Vida “not seaworthy” when it hit their vessel.
Also, Trans-Asia added, the boat was undermanned and two of the Gwen Vida seamen had no “recurrency training on safe navigation and collision regulation.”
Likewise, its second engineer allegedly carried an expired seafarer’s identification and record book. (KNR)
