Enrica Lexie case: HC to decide on mode of disbursal of compensation to kin of victims

Two fishermen -- Valentine alias Jelestine and Ajesh Pink -- on board the boat St Antony were shot dead by Sergeants Salvatore Girone and Massimiliano Latorre of the Italian marines in February 2012
Kerala High Court (File Photo| A Sanesh, EPS)
Kerala High Court (File Photo| A Sanesh, EPS)

KOCHI: The Kerala High Court adjourned to Thursday the matter to decide the mode of disbursal of the compensation to the legal heirs of the victims in the Enrica Lexie case. Two fishermen -- Valentine alias Jelestine and Ajesh Pink -- on board the boat St Antony were shot dead by Sergeants Salvatore Girone and Massimiliano Latorre of the Italian marines in February 2012.

The Supreme Court had quashed the criminal case against the Italian marines after accepting the compensation of Rs 10 crore deposited by Italy. The SC had asked the Chief Justice of the Kerala High Court to appoint a judge to issue a disbursement order that protects the interests of the heirs and ensures that they receive it. It directed that the sum of Rs 10 crores, which was deposited with the Supreme Court Registry, be transferred to the High Court of Kerala.

The SC directed to disburse Rs 4 crores to the dependents of each deceased and Rs 2 crores to the owner of the boat St. Antony. The Supreme Court order stated that the state of Kerala as well as the heirs of the deceased fishermen and even the owner of the boat which was damaged have agreed to accept the award and even the Union of India had also accepted the award passed by the Arbitral Tribunal. The SC also held that the appropriate order of disbursement/investment be passed after hearing the heirs of each deceased, protecting their best interests. The remaining amount of Rs 2 crores will be paid to the owner of the boat by an account payee cheque.

When the case came up for hearing, advocate M Ajay submitted that Aguna Xavier and Abhinaya Xavier, the two sisters of deceased 20-year-old Ajeesh Pink, filed an affidavit before the court. The affidavit stated that their father and mother had died and they are the surviving legal heirs. Doramma, who is the legal representative of Valentine, is also a respondent in the proceedings before the High Court. The court will also take steps to make Freddy a respondent in the case.

Advocate Yash Thomas Mannully, who is representing the injured fishermen, submitted that seven fishermen who were on board the fishing boat have approached the Supreme Court seeking compensation out of the Rs 2 crore granted to the owner of the boat. The petition is pending. They also sought permission to implead in the case.

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