Friday, April 6, 2012

Question to Sampath

Mr.Sampath, this has nothing to do with this article. Since you are an insurance man I want to ask one doubt regarding the Enrico Lexie/ Prabhu Daya affair. If I had your e-mail id I would have written to you directly. I am hearing that the owners, of the two ships involved in two incidents where lives have been lost, are trying to settle the matters by out of court settlement with the families of the killed fishermen. I think it must be civil part of the case. Is it possible to settle the civil case without any reference to the Criminal case about the death of fishermen? How compensation can be paid before the criminal case is settled? Suppose if the case against the alleged killers could not be proved due to something or other then how the payment will be justified? In the case of Enrica Lexie the prosecution has to prove that such and such guns belonging to the marines has fired the fatal shot and killed the fishermen. I think the guns will have to be produced in the court also. Also the prosecution will have to prove conclusively that at the time of incident the ship was at the spot where the shooting has occurred. If the electronic data of the ships positions prove that the ship was not at that place how the marines can be punished? And how the payment will be justified. So too with Prabhu Daya. If it is not proved that the ship was at that spot where the collision has occurred how the ship can be accused of colliding with the boat? The dents and scratches on the hull of the ship could have happened at some other time. The pieces of net could have got entangled when the ship was going through that area where the boat had capsized earlier and the pieces of net were floating. My doubt is can the civil case settled before the criminal one is settled?

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