Italian marines case: Mom of fisherman strikes Kerala HC for compensation


The Kerala Excessive Courtroom on Tuesday sought the Centre’s response on a plea for compensation by the mom of a fisherman, who was aboard the St Antony fishing vessel, which was fired upon by two Italian marines in 2012 killing two individuals, and later died by suicide allegedly because of the trauma of the incident.

The excessive court docket directed the central authorities counsel to file an announcement in response to the plea and listed the matter for listening to after two weeks.

The girl, in her plea, has contended that the boat proprietor didn’t ahead her son’s identify as one of many individuals who was additionally onboard the vessel and due to this fact, he neither obtained any counselling for the trauma suffered nor was thought of for compensation.

Subsequently, on account of the trauma suffered throughout the incident, the petitioner’s son dedicated suicide, her lawyer instructed the court docket.

The lawyer stated that the petitioner’s son’s identify should have been despatched to the Italian authorities for consideration of acceptable compensation.

Final month round 10 fishermen, who had been additionally onboard the fishing vessel and had survived the firing incident, had moved the Supreme Courtroom searching for compensation.

The apex court docket had, thereafter, directed the Kerala Excessive Courtroom to not disburse any quantity from the Rs 2 crore earmarked for the proprietor of the fishing vessel.

On June 15, the highest court docket had introduced the curtains down on the 9-year outdated pending legal proceedings in India towards two Italian marines, Massimilano Latorre and Salvatore Girone, who had been accused of killing the 2 fishermen, after Rs 10 crore in compensation was paid by Italy to the heirs of the deceased and the boat proprietor.

It had directed Rs 4 crore every be given to the dependents of the 2 deceased fishermen and the remaining Rs 2 crore could be given to the vessel proprietor.

The highest court docket had referred the matter to the Kerala Excessive Courtroom to supervise the disbursement.

Within the contemporary plea, the ten fishermen had stated they had been additionally injured within the incident and therefore, entitled for the compensation. That they had sought a keep on the disbursement until their claims had been decided.

The highest court docket had additionally stated earlier that as per the worldwide arbitral award accepted by India, Italy shall resume additional investigation within the case towards the 2 marines and quashed the FIR, registered at Coastal Police Station of Neendakara, Kollam in Kerala and re-registered by NIA in 2013, and all of the proceedings within the case.

It had closed the case after the Arbitral Tribunal constituted underneath Annex VII of UNCLOS delivered its award on Might 21, 2020 underneath which Italy agreed to pay Rs 10 crore compensation, over the ex-gratia quantity already paid.

In February 2012, India had accused the 2 marines on board the MV Enrica Lexie — an Italian flagged oil tanker — of killing two Indian fishermen who had been on a fishing vessel in India’s Unique Financial Zone (EEZ).

Latorre, who had suffered a mind stroke on August 31, 2014, was first granted bail and allowed by the apex court docket on September 12, 2014 to go to Italy for 4 months and after that, extensions have been granted to him.

In Italy, Latorre underwent a coronary heart surgical procedure after which the highest court docket granted him extension of his keep in his native nation.

The criticism towards the marines was lodged by Freddy on whose vessel two Kerala fishermen had been killed when marines opened hearth on them underneath the misperception that they had been pirates.


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