X-Press Pearl disaster Fishing community’s case demanding compensation fixed for Dec 13

By Lakmal Sooriyagoda

A lawsuit filed by the fishing community demanding compensation from the owners, operator and insurer of the vessel M.V. X-Press Pearl and the responsible authorities in Sri Lanka for failure to discharge their duties to avoid X-Press Pearl Maritime Disaster was yesterday fixed for December 13 by the Colombo Commercial High Court.

Seventy (70) fishermen, the office bearers and trustees of the All Ceylon Fisher Folk Trade Union and other respective fisher folk societies filed this case claiming $ 1.17 billion from respondent parties for the damages caused to the Plaintiffs.

The respondents include EOS RO Private Limited the registered owner of X-Press Vessel, Sea Consortium Private Limited (a third-party operator), X-Press Feeders Limited (the ship manager) and Sea Consortium Lanka Pvt. Ltd the local agent for the Sea Consortium Private Limited. 
The application for the amended petition was fixed for support on December 13 by Colombo Commercial High Court Judge Pradeep Hettiarachchi. 

Counsel Himali Kularatne appearing for the plaintiffs sought court permission to add the number of plaintiffs up to 70 by amending the plaint.

In their plaint, the fishermen state that the livelihoods of 20,000 fishing families were impacted as a result of this X-Press Pearl marine disaster. 

In addition, many others whose livelihoods are dependent on allied fishing activities from net manufacturers to boat owners are also affected to varying degrees.

They alleged that as a consequence of the Defendant’s joint and several negligence the Plaintiffs and the entire fishing community of Sri Lanka including the Plaintiffs have incurred revenue loss and other damages.