TSXG reconoce derecho de familias de «Nuevos Marcos» a compensación por naufragios
The Tribunal Superior de Xustaza de Galicia (TSXG) has overturned a decision by the Tribunal Social Número 1 in Pontevedra to recognize the rights of the families of the «Nuevos Marcos» ship, which sank in the Estuerto de Pontevedra after a failed attempt to avoid the Bats, to compensation exceeding half a million euros. The incident, which resulted in three deaths and two survivors, occurred halfway between the ports of Combarro and PIO in April 2017.
In a ruling issued at the end of January, the TSXG social chamber believes that the ship owners, one of whom was the deceased captain, should be held responsible for the damages and losses suffered by the families. The court based its decision on a report by the Commission for the Investigation of Maritime Accidents and Incidents (CIAIM), which highlighted the lack of proper safety procedures and training onboard the vessel.
The families, seeking compensation in excess of 700,000 euros, can appeal the decision. The payment to the insurance company MAPFRE will be maintained.
In the early hours of April 26, 2017, the «Nuevo Marcos» collided with a reef while sailing with a crew of five from Marín to Combarro. The resulting massive flooding caused a rapid sinking of the ship. One crew member swam for over an hour to shore to seek help, while another survived by clinging to the reef. Tragically, three crew members lost their lives in the accident.
The CIAIM report from 2019 identified the lack of proper navigation aids, such as beacons, as a contributing factor to the collision. Recommendations were made to install navigation lights and update official nautical charts to prevent similar incidents in the future.
The investigation also noted a lack of safety measures onboard the vessel, including a malfunctioning radar system and inadequate crew training. These shortcomings led to a delayed response to the collision and ultimately contributed to the sinking of the ship.
The uncertainty surrounding the fate of the vessel, believed to have sunk east of Tambo Island, further underscored the need for improved safety protocols and navigation aids in the area. The report highlighted the crew’s lack of awareness and preparedness, particularly in low visibility conditions.
The harrowing journey of the survivor who swam for over an hour to reach shore, seeking help, exemplified the challenges faced by the crew in the aftermath of the accident. Despite his efforts to alert passing vehicles and seek assistance, the survivor encountered difficulties in obtaining help until he finally reached safety.
The tragic sinking of the «Nuevo Marcos» serves as a stark reminder of the importance of maritime safety and the need for proper training, equipment, and procedures to prevent similar accidents in the future.
FUENTE
