KOCHI: The High Court on Tuesday, while directing Italian vessel Enrica Lexie to furnish a bank guarantee of Rs 3 crore to it towards the compensation claims of the killed fishermen’s families, said that the order will not stand in the way of any other litigation or other requirements of the police in connection with the investigation or prosecution of the firing incident.“Any amount, if already deposited, shall be deducted from the total amount,” the court held.A Division Bench comprising Justice Thottathil B Radhakrishnan and Justice C T Ravikumar passed the order while considering an appeal filed by the victims’ families challenging a Single Judge’s order to furnish Rs 25 lakh each. The court asked the parties about the possibilities of settling the issue.The Bench earlier asked both parties whether they were willing for an out-of-court settlement to determine the compensation. However, counsel for the ship submitted that it may be too premature to go for mediation. To this, the High Court observed: “Negotiation may also happen at the national and international level. India and Italy are attempting to sustain comity of nations.”While Doramma, widow of fisherman Valentine alias Jelestine, had sought a compensation of Rs 1 crore, sisters of Ajeesh Pinki, the other fisherman who was slain by Italian marines, had approached the High Court for Rs 2-crore relief. The court also released the vessel from surveillance by the Cochin Port, Coast Guard and Navy, for the purpose of the compensation claims case.Counsel for the vessel V J Mathew submitted that the issue will be resolved after Piravom bypoll, but the court said it was not concerned about the bypoll.The court asked the counsel why armed marines were deployed in a commercial vessel and whether the marines could act without seeking the captain’s command.The company replied that the captain of the ship is not responsible for the event.
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