KOCHI: The Kerala High Court on Friday directed the owners and operators of boats to conspicuously exhibit a board showing the permitted passenger capacity of their respective boats. It should be displayed at the point of embarkation, exit, and within the cabins, both lower and upper deck in English and Malayalam, the court directed. The driver/serang/master shall be responsible for the embarkation of the passengers to the maximum limit as is legally permissible and shall be held responsible if there’s any violation.
The court also directed the government to ensure that no accidents happen in Kerala solely on account of overloading and gross negligence of the operators or the staff in charge of the boat.
A Division Bench comprising Justice Devan Ramacahdran and Justice Sophy Thomas issued the order when the suo motu case registered in connection with the Tanur boat tragedy came up for hearing.
The court also asked the government to inform it whether every tourist/passenger boat is covered by proper insurance within the legal framework applicable, and if not, the steps required to be taken to ensure the same.
The Bench also made clear that the owner and operator of the boat, too, is responsible to ensure that passenger entry is restricted only to the areas to where they are permitted and that other areas are sufficiently barricaded, taking into account the stability parameters of the boat.
The court also appointed V Shyamkumar, a High Court lawyer with experience and practice in Admiralty and mercantile laws, to act as an amicus curiae to assist the court in the case.
The court also directed the authorities to consider the suggestion of the amicus curiae that the boards should keep a written record of the passengers, showing women and men separately.