Section 140 CPC: Assessors in Salvage, Towage and Collision Cases
Section 140 of the Code of Civil Procedure, 1908 (CPC) addresses the use of two competent assessors to assist courts in certain maritime disputes, specifically causes involving salvage, towage or collision. It also provides for their attendance fees. The provision should be read with the applicable admiralty legislation and procedural rules.
Section 140 CPC: Statutory provision
Sub-section (1): Appointment of assessors
(1) In any admiralty or vice-admiralty cause of salvage, towage or collision the Court, whether it be exercising its original or its appellate jurisdiction, may, if it thinks fit, and shall upon request of either party to such cause, summon to its assistance, in such manner as it may direct or as may be prescribed, two competent assessors; and such assessors shall attend and assist accordingly.
Sub-section (2): Fees of assessors
(2) Every such assessor shall receive such fees for his attendance, to be paid by such of the parties as the Court may direct or as may be prescribed.
Editorial note: The uploaded page appears to contain a typographical error, "salvage to wage or collision"; the statutory maritime term is "salvage, towage or collision". Consult the official legislative text for authoritative wording and any applicable amendments.
Meaning of important terms
- Admiralty cause
- A civil proceeding concerning maritime matters within the admiralty jurisdiction of a competent court.
- Salvage
- Assistance given to save a vessel, cargo or other maritime property from danger, potentially giving rise to a salvage reward under applicable law.
- Towage
- The service of towing or moving a vessel by another vessel, generally under an agreement or other applicable legal arrangement.
- Collision
- An incident involving contact between vessels that may give rise to questions of fault, causation and maritime liability.
- Assessor
- A person with relevant maritime or technical expertise who assists the court in understanding specialist issues; the court retains judicial responsibility.
How Section 140 operates
- Qualifying proceeding: The matter must be an admiralty or vice-admiralty cause of salvage, towage or collision.
- Court's initiative or party's request: The court may summon assessors if it considers this appropriate; the section also states that it shall do so on a request by either party.
- Number and competence: Two competent assessors are summoned to assist, following the court's directions or applicable prescribed procedure.
- Participation: Assessors attend and assist the court, particularly on technical maritime questions.
- Fees: The court or applicable rules determine attendance fees and which party or parties must pay them.
Practical illustration
Suppose two commercial vessels collide and a dispute raises technical questions about navigation, seamanship and the circumstances of the collision. In an admiralty cause to which Section 140 applies, the court may seek assistance from two competent maritime assessors. Their technical assistance informs the judicial assessment; it does not replace evidence or the court's decision.
Relationship with current admiralty law
The Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 governs admiralty jurisdiction and maritime claims in India, including matters involving vessels. Section 140 CPC is a separate procedural provision. Whether and how assessors are appointed in a particular case must be considered alongside the 2017 Act, applicable High Court admiralty rules and any governing judicial decisions.
For the official legislation, consult the Government of India's India Code portal and search for the Code of Civil Procedure, 1908 and the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017. Official High Court websites provide applicable court rules and notifications.
Important limitations
Section 140 does not make assessors judges, confer admiralty jurisdiction on a court that lacks it, or establish a general requirement for expert assessors in every civil dispute. It is specifically framed around admiralty or vice-admiralty causes of salvage, towage and collision. Court-specific procedural requirements and current maritime legislation should always be checked.
Frequently asked questions
When can a court appoint assessors under Section 140 CPC?
In an admiralty or vice-admiralty cause concerning salvage, towage or collision, a court exercising original or appellate jurisdiction may summon two competent assessors on its own initiative.
Is the court required to appoint assessors if a party asks?
Section 140(1) uses mandatory language when either party to a qualifying cause requests assessors, subject to applicable law and procedural rules.
How many assessors are summoned under Section 140?
The provision specifies two competent assessors.
Who pays assessors under Section 140 CPC?
Each assessor receives attendance fees, payable by the party or parties directed by the court or as prescribed by applicable rules.
Do assessors decide the maritime dispute?
Assessors assist the court with specialist knowledge. They do not replace the judge or independently decide the case.
Conclusion
Section 140 CPC provides a mechanism for technical assistance in specified maritime proceedings. It addresses the appointment of two competent assessors and the payment of their fees, while leaving adjudication to the court under the governing legal framework.