A.M. Sinha, J. - (1.) This appeal by the Plaintiff is against the Judgment and decree dated 19th September, 1979, passed by a learned single Judge of this court in Admiralty Suit No. 6 of 1973.
(2.) This case arises out of Collision which took place in the River Hooghly between the vessel "Border Terrier" owned by the respondent No.1 and the Tug Agnijoy (hereinafter referred to as the Tug owned by the appellant. As a result of the said collision the tug sank and eight crew members of the tug lost their lives. The appellant filed a suit in the Admiralty Jurisdiction of this court for damages against the defendant No. 1 as the owner of the "Border Terrier" (hereinafter referred to as "the Tanker"). The said collision took place on 28th May 1972. The Thanker had arrived at Budge Budge in charge of a river pilit earlier on the date, that is, 28th May 1972 and had anchored at a distance of about a quarter of a mile down the river from No.1 Jetty of Budge Budge.
(3.) At about 15.18 hours, the Tanker which was to be berthed at Jetty No. 8 at Budge Budge commenced weighing anchors which were up by 15.24 hours. At about that time the Tug with a harbour pilot on board came alongside the Tanker off her No. 7 Cargo tank on the star board side. Both the vessels started to proceed up the river in abb tide. There was an exchange of pilots.;