Code
Assessors in causes of salvage, etc.—(1) In any admiralty or vice-admiralty cause of salvage to
wage 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.
(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.
Explanation of Section 140 CPC
Section 140 of the Code of Civil Procedure, 1908 allows courts to seek the assistance of expert assessors in certain admiralty and maritime disputes. These disputes often involve technical issues relating to ships, navigation, marine salvage, seafarers’ wages, or vessel collisions that require specialized knowledge beyond ordinary legal principles.
The provision enables the court to make informed decisions by obtaining expert guidance while retaining full judicial authority over the case.
Appointment of Assessors
Section 140 authorizes the court to appoint two competent assessors in admiralty or vice-admiralty cases involving salvage, wages, or collision.
The court may appoint assessors on its own if it considers their assistance necessary. However, if either party requests the appointment, the court is required to summon two competent assessors to assist during the proceedings.
Role of Assessors
Assessors are experts who possess technical knowledge in maritime matters. They advise the court on specialized issues such as navigation practices, ship operations, marine accidents, salvage operations, or other technical questions.
Their role is purely advisory. They help the judge understand complex facts, but they do not decide the case or deliver the judgment. The final decision always remains with the court.
Cases Covered Under Section 140
Section 140 applies to specific categories of maritime disputes, including:
- Admiralty or vice-admiralty claims involving salvage.
- Disputes relating to the wages of seafarers or crew members.
- Cases involving ship collisions.
These matters often involve technical evidence, making expert assistance valuable for reaching a fair decision.
Payment of Assessors’ Fees
Assessors receive fees for attending court proceedings.
The court determines which party should pay these fees or whether the expenses should be shared between the parties. This gives the court flexibility to allocate costs according to the circumstances of each case.
Purpose of Section 140 CPC
The primary objective of Section 140 CPC is to ensure that courts receive expert technical assistance in complex maritime disputes. Since judges may not possess specialized knowledge of navigation or shipping practices, assessors help clarify technical aspects that are essential for a fair decision.
The provision improves the quality of judicial decision-making without affecting the court’s independence.
Importance of Section 140 CPC
Section 140 CPC strengthens the administration of justice in admiralty matters by combining legal expertise with technical knowledge. It enables courts to understand complicated maritime evidence more effectively and reduces the likelihood of errors in cases involving ships, collisions, or salvage operations.
The provision also enhances the confidence of litigants by ensuring that specialized issues receive proper expert consideration while leaving the final determination entirely to the court.
Illustration
A cargo ship collides with another vessel near an Indian port, causing significant damage. During the civil proceedings, one of the parties requests the appointment of assessors because the dispute involves complex questions of navigation and maritime safety. Under Section 140 CPC, the court appoints two experienced maritime experts to assist in understanding the technical evidence before delivering its judgment.
In another case, a group of sailors files a claim for unpaid wages. Since the dispute involves specialized maritime employment practices, the court appoints assessors to explain industry standards and assist in evaluating the evidence. After hearing the assessors’ opinions, the court independently decides the case.
Common Questions and Answers
1. What is the purpose of Section 140 CPC?
Answer:
Section 140 CPC enables courts to appoint expert assessors in admiralty, salvage, wage, and collision cases to assist with technical maritime issues.
2. Who are assessors under Section 140 CPC?
Answer:
Assessors are competent experts with specialized knowledge of maritime matters. They advise the court on technical issues but do not decide the case.
3. Can either party request the appointment of assessors?
Answer:
Yes. If either party requests the appointment, the court must summon two competent assessors to assist during the proceedings.
4. Who pays the fees of the assessors?
Answer:
The court determines which party or parties will bear the assessors’ fees, depending on the circumstances of the case.
Conclusion
Section 140 CPC provides an effective mechanism for obtaining expert assistance in admiralty and maritime disputes involving salvage, seafarers’ wages, and ship collisions. By allowing courts to appoint knowledgeable assessors, the provision improves the quality and accuracy of judicial decisions in technically complex cases. Although assessors assist the court with specialized expertise, the authority to decide the case always remains with the judge, ensuring both fairness and judicial independence.
