Form of words:
Kochi: The Kerala High Court on Tuesday sought the Centre’s response on a plea for compensation by the mother of a fisherman aboard the St. Antony fishing vessel, which was fired upon by two Italian marines in 2012, killing two. and later committed suicide. Allegedly due to the trauma of the incident.
The High Court directed the counsel for the Central Government to file a statement in response to the petition and listed the matter for hearing after two weeks.
The woman has argued in her petition that the owner of the boat did not forward the name of her son as one of the persons who were also on the ship and hence, she neither received any counseling for the trauma nor for compensation. was considered for.
Subsequently, as a result of the trauma suffered during the incident, the petitioner’s son committed suicide, his lawyer told the court.
The counsel submitted that the name of the petitioner’s son should have been referred to the Italian authorities for consideration of proper compensation.
Last month around 10 fishermen, who were also on board the fishing vessel and survived the firing incident, had moved the Supreme Court seeking compensation.
Subsequently, the apex court had directed the Kerala High Court not to pay any amount out of Rs 2 crore earmarked for the owner of the fishing vessel.
On June 15, the apex court had pulled the curtains down on the 9-year-old pending criminal proceedings in India against two Italian sailors Massimiliano Latorre and Salvatore Girone, accused of killing two fishermen, after paying compensation of Rs 10 crore. The heirs of the deceased and the owner of the boat were paid by Italy.
It had directed Rs 4 crore each to be given to the dependents of the two deceased fishermen and the remaining Rs 2 crore to be given to the owner of the ship.
The top court had referred the matter to the Kerala High Court for monitoring the disbursements.
In the latest petition, 10 fishermen had said that they too were injured in the incident and hence they were entitled to compensation. They had sought a stay on the disbursements till their claims are settled.
The top court had earlier also said that as per the international arbitral award accepted by India, Italy would resume further investigation in the case against the two marines and quash the FIR lodged at the coastal police station of Neendakara in Kollam, Kerala. given and re-registered. by the NIA in 2013, and all proceedings in the case.
It had closed the case after the arbitral tribunal constituted under Annex VII of UNCLOS gave its decision on May 21, 2020, under which Italy had agreed to pay a compensation of Rs 10 crore on the ex-gratia already paid.
In February 2012, India accused two marines aboard the MV Enrica Lexi – an Italian-flagged oil tanker, of killing two Indian fishermen aboard a fishing vessel in India’s Exclusive Economic Zone (EEZ).
On August 31, 2014, Latorre, who had suffered a brain stroke, was granted bail for the first time and on September 12, 2014, the apex court allowed him to travel to Italy for four months and has since been granted an extension.
In Italy, Latorre underwent heart surgery after which the top court granted him an extension of stay in his native country.
The complaint against the marines was filed by Freddy, on whose ship two fishermen from Kerala were killed when the marines fired upon them under the mistaken belief that they were pirates.
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