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

By PTI

KOCHI: The Kerala High Court 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 courtroom 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 subsequently, he neither acquired any counselling for the trauma suffered nor was thought-about for compensation.

Subsequently, on account of the trauma suffered through the incident, the petitioner’s son dedicated suicide, her lawyer advised the courtroom.

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

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

The apex courtroom had, thereafter, directed the Kerala High Court to not disburse any quantity from the Rs 2 crore earmarked for the proprietor of the fishing vessel.

On June 15, the highest courtroom had introduced the curtains down on the 9-year previous pending prison proceedings in India towards two Italian marines, Massimilano Latorre and Salvatore Girone, who have 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 remainder Rs 2 crore could be given to the vessel proprietor.

The high courtroom had referred the matter to the Kerala High Court to supervise the disbursement.

In the contemporary plea, the ten fishermen had stated they have been additionally injured within the incident and therefore, entitled for the compensation.

They had sought a keep on the disbursement until their claims have been decided.

The high courtroom 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 below Annex VII of UNCLOS delivered its award on May 21, 2020 below 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 have been on a fishing vessel in India’s Exclusive Economic Zone (EEZ).

Latorre, who had suffered a mind stroke on August 31, 2014, was first granted bail and allowed by the apex courtroom 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 courtroom granted him extension of his keep in his native nation.

The grievance towards the marines was lodged by Freddy on whose vessel two Kerala fishermen have been killed when marines opened hearth on them below the misunderstanding that they have been pirates.