15.06.2020

The Union twice assisted the widow of a seafarer to sue for moral damages

The widow of the seafarer who died on board the trawler Prostor (flag of the Russian Federation) sued JSC DMP-RM 1 million rubles of compensation in favor of their common minor child. Her interests in court were represented by the lawyer of the Far Eastern regional organization of the Seafarers Union of Russia, Vasiily Savelyev.

This is not the first victory in a case involving the death of a crewmember. The tragedy occurred on January 6, 2019, when the ship was fishing for Pollock in the West Kamchatka subzone during a storm. The widow said that her husband was working on the open part of the fishing deck in the aft part of the vessel when, coming out of the right aft pocket and stepping over the coaming, he tripped on the slip roll and fell into the water. After the search operation was taken, he was found on the surface of the water without signs of life, and when trying to raise him to the deck, the body slipped out of the life jacket and warm jacket and went under the water. Further rescue operations proved to be unsuccessful.

At the same time, in January, the woman applied to the DVRO SUR with a request to represent her interests in court as she wanted the deceased's employer, JSC DMP-RM, to compensate her for moral damage.

– According to article ¹ 1079 of the Civil Code of the Russian Federation, legal entities and citizens whose activities are associated with increased danger to others, are required to compensate for damage caused by a source of increased danger, unless they prove that it arose due to force majeure or intent of the victim, – explained V. Savelyev. The trial lasted 11 months and the plaintiff's side was more convincing. So, according to the decision of the Nakhodka city court, the seafarer's widow received 1 300 000 rubles as moral damages for the death of her husband on board of trawler Prostor. After that she again applied to the Union, asking for assistance in obtaining compensation for a minor child of a seaman. As the Chairman of the DVRO SUR Nikolay Sukhanov added, the trial ended last week and again in favor of the widow.


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