Italian Marines Case-Kochhar & Co. Successful in Obtaining a Stay on Disbursement of Compensation to Boat Owner

Firm News
19 August 2021

Kochhar & Co. (the “Firm”) represented 7 fishermen who were a part of the crew of the Indian boat St. Antony on which two Italian Marines had fired in 2012 leading to death of two fishermen. The Permanent Court of Justice had directed Italy to pay compensation to India under four heads one of which was “moral harm suffered by the captain and other crew members of the St. Antony”. However, the Supreme Court order dated June 15, 2021 directed payment of compensation only to the heirs of the deceased fishermen and the boat owner. Kochhar & Co. filed an intervention application on behalf of the fishermen along with applications for appropriate directions and stay on disbursement of compensation. The applications which were drafted by Krishna Vijay Singh, Senior Partner and Manish Dembla, Partner sought payment of appropriate compensation to the other crew members of the boat out of the amount of INR 20 Million directed to be paid to the boat owner. The applications were taken up for hearing by the Supreme Court on August 19, 2021 and were argued by the Firm’s partner – Manish Dembla. The  Firm has been successful in obtaining an order directing stay on disbursement of compensation to the boat owner pending adjudication of the applications. The Firm is assisting the fishermen in this matter pro bono as a part of its policy to provide access to justice to the economically weaker sections of the society.

The matter has been widely covered by the Indian media and can be accessed from the following social media and news links:

Enrica Lexie Case : Supreme Court Stays Disbursement Of Rs 2 Crores Compensation To Boat Owner (