Italy offers Rs. 1 crore to kin of dead fishermen
The legal heirs of the two fishermen killed by marines aboard the Italian-flagged ship, Enrica Lexie, told the Kerala High Court on Friday that a settlement for paying a compensation of Rs. 1 crore to each bereaved family was reached between the Italian government representatives and them.
Counsel for the legal heirs made the submission before the court while seeking its permission to place the settlement before the Permanent Lok Adalat for legal approval. The Italian government filed a petition seeking to implead itself as a respondent in the admiralty suits filed by the legal heirs for compensation for facilitating the settlement process.
Justice A.M. Shafeeq allowed both petitions.
The agreement produced before the court, signed by both parties, said the Italian government agreed to pay the amount as a mark of mutual respect and as a gesture of international goodwill existing between the two sovereign friendly states and on account of the utmost sympathy towards the legal heirs on humanitarian and compassionate grounds. A “without-prejudice offer” was made to the legal heirs in the form of a one-time full and final ex-gratia payment of Rs. 1 crore so as to enable the first party (legal heirs) to rebuild their lives.
The agreement said the legal heirs agreed that such a “without-prejudice offer” did not fasten on the Italian government, its citizens, and instrumentalities, the two naval marines or other defendants in the admiralty suits, and its officers, employees, agents, subsidiaries, affiliates … any liability whatsoever on account of the unfortunate and untimely demise of the fishermen.
The legal heirs had agreed to approach the court, including the High Court, for unconditionally withdrawing the other legal proceedings and all allegations in them. The agreement said the Italian government and its instrumentalities or Italians in the admiralty suits did not in any manner waive any immunity available to them under the law and did not in any manner submit to the jurisdiction of Indian courts.
The court ordered that the case be posted before the Lok Adalat on April 25.
Keywords: Enrica Lexie, Kerala fishermen killing, Italian Marines, out-of-court settlement, Italian Government
Hope there is someone out there making sure that the fishermen's families get every naya
paisa of the 1 crore that was awarded them. Wonder what the Lok Adalat is going to keep
as its collectors fee?
this is a shame for the nation. No country where rule of law exists should accept this.How one can approach victims families to settle such an issue. If a crime is committed of such a nature, law should take its course. No where in the civilised world it is possible.No wonder we are not respected and laughed inspite of having everything.
@PETER, I agree that this would have been a human error and not a deliberate attack of the fishermen. The families should receive the compensation and not politicians. What is frustrating is that although TN Tamil fishermen were attacked and murdered by the Sri Lankan Sinhala forces at sea, the Congress centre UPA regime has not taken any steps like this to ensure the Tamil fishermen victims' families receive compensation. This shows the double standards polciies and anti-Tamil policies of the corrupt Congress UPA regime.
This is not a civil case to be settled out of court. If some rich person kills a poor person, can the rich person offer a lot of money to the poor person's family and settle the case out of court? This is wrong and unjust. Financial compensation shouldn't be mixed with criminal justice system.
People have a right to know as to who all influenced this process. I wouldn't blame Italy. Most countries try to save their citizens. But these same countries will also try to get justice for their citizens at great costs.
Dear Editor: This article provides a sense of comic relief, amazement and bewilderment. From one perspective "it is an attempt to settle the case with money", from another perspective it highlights Italy's predicament. At the global level, Italy along with Spain , Portugal, Greece and Ireland have literally gone around with the bowl and hat in hand seeking help to resuscitate their flagging and highly indebted economies. These very same countries are trying to put together an air of superiority, by standing on the high pedestal of generosity when it comes to a few thousand dollars. To put this in perspective, to cover the losses over the Gulf of Mexico Oil Spill, BP has set aside 30 billion, yes billion dollars, where 10 American workers lost their lives.
This money from Italy to the poor victims is just an alms: Italy's
Defence Ministry (War Ministry) has an yearly budget of 26 Billion
Euros, meanwhile Italian workers and pensionists are starving!
The Italians have apologised which is very welcome. And we must ensure that the money does not reach the pockets of our own corrupt politcians. On the other hand india has no value for human life.
And lets face facts. There is no indian in living history who has been paid this sum of money
The kargil families, the heroes of the taj terrorist attack. It is a shame on our govt does not reach out in the same way
We indians should learn from this or keep our mouths shut
most unfortunate descision by the Central Government
The exact amount of compensation should never have been let out. Should have been kept confidential. Now, the political sharks, Police and everyone would be targeting the families and demand some share of it! God save the families from these money eating pigs!
will that money help to retain their life?
what a foolish action
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