Kochi: Modifying a single judge's order, Kerala High Court on Tuesday directed owners of Italian ship involved in the killing of two Indian fishermen to furnish a bank guarantee, deposit or demand draft, for Rs 3 crore.
A division bench, comprising Justices Thothathil B Radhakrishnan and CT Ravikumar directed the ship owners to furnish a bank guarantee for three crore, instead of Rs 25 lakh each.
Until the guarantee was furnished, merchant ship 'Enrica Lexie' would remain at Kochi, the bench held on two petitions by Doramma, wife of Jelestine and two teenage sisters of Ajesh Binki, who were killed in the February 15 firing by the naval guards on board the vessel off Kollam coast The petitioners had complained about the inadequacy of the bank guarantee by the single judge.
The court had earlier asked the ship owner and the petitioner if they wished to come for an out of court settlement to determine compensation, to which the former said they did not want to do so 'for the time being.'
"We do leave the possibility of an amicable resolution, including mediation. It is premature for the court to arrive at a probable amount that has to be fixed as compensation," the bench said.
While Doramma had sought compensation of Rs 1 crore, Binki's sisters had sought Rs 2 crore compensation.
The fishing boat owner had also sought Rs 75 lakh compensation for damage to his boat in the firing.
The single Judge had ordered the ship owner to submit a bank guarantee of Rs 25 lakh each for the families of the two killed and Rs 10 lakh for the damage caused to the boat.
The Court also wanted to know who had ordered the firing and who was incharge of the guards providing security to the vessel.
Meanwhile, Justice P S Gopinathan posted the petition by Italian Consul General and the guards Latore Massimiliano and Salvatore Girone, seeking to quash the FIR against the duo, to March 1. It directed that details of the probe reportedly taking place in Italy be furnished before it.
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