A seafarer or its family member (in case of seafarers death) can initiate legal action by filing an admiralty suit in the High Court having admiralty jurisdiction and obtain an order of arrest of the offending ship or sister ship owned by the offending ship and claim compensation, when the ship is in Indian territorial waters.
Section 4 (1) (e) of the Admiralty Act (2017) deals with the above subject in maritime claims and under section 9 (1) (b) as a maritime lien shall have priority for loss of life or personal injury occurring whether on land or on water, in direct connection with the operation of a vessel.
SHIP ARREST IN INDIA
ADMIRALTY LAWS OF INDIA
Dr. Shrikant Pareshnath Hathi and Ms. Binita Hathi,
Partners, Brus Chambers, Advocates & Solicitors
Fourteenth Edition (2021)