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14 Year Old Boy Was Onboard The Fishing Boat When Enrica Lexie Incident Happened: His Family Claims 100 Crores As Compensation From Italy

LIVELAW NEWS NETWORK
10 July 2020 6:18 AM GMT
14 Year Old Boy Was Onboard The Fishing Boat When Enrica Lexie Incident Happened: His Family Claims 100 Crores As Compensation From Italy
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The Family of a 'martyr' of the Enrica Lexie incident has sought compensation of 100 crores from the Republic of Italy.

The family claims that Prijin, who was then 14 year old, was on the boat and had witnessed the Firing by MT Enrica Lexie on 15.02.2012. This incident made him slip to depression and he committed suicide last year, they said.

Through a lawyer's notice address to Government of India, the mother and sisters of Prijin claimed that Prijin A was engaged as a crew onboard the fishing vessel St. Antony by its owner so as to help other fishermen and also for cooking. "He had witnessed firing by MT Enrica Lexie on 15-02-2012, Prijin was terrified and he had some minor injuries in the mayhem caused by firing. He was sent to the Kerala coast urgently in another fellow Indian fishing boat which came alongside on knowing the firing incident.", they said.

They further state that the name of Prijin was intentionally kept away from the criminal proceedings by boat owner Fredy fearing actions under Juvenile Justice Act and also by the enforcement authorities so as to protect the interests of Italian government and Italian marines. "The lack of fair and effective investigation in the Enrica Lexie incident also affected the rights of minor child Sri Prijin A. as guaranteed by Indian constitution and International child rights instruments to which Republic of India and Republic of Italy have respectively ratified.", the family said.

This representation is submitted before Republic of India in order to obtain compensation for my clients for the violation done against Sri. Prijin A, the notice reads.

The Permanent Court of Arbitration had held that India is entitled to payment of compensation in connection with "loss of life, physical harm, material damage to property (including to the "St. Antony") and moral harm suffered by the captain and other crew members of the "St. Antony"". The Tribunal has invited both the countries to consult with each other with a view to reaching agreement on the amount of compensation due to India. 

After the award was released by the Tribunal, Union of India has already moved an application seeking disposal of the matters pending in the Supreme Court regarding the criminal proceedings against Italian marines. The Union stated that it has "decided to accept and abide" by the order passed by the Tribunal which held that India is entitled to claim compensation from Italy and that India is precluded from exercising its jurisdiction over the marines. 



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