C.Deepa Ratnakar v. Owners and Parties Interested in the Vessel DCI DREDGE XX

the plaintiff's daughters are enclosed. As per the settlement, the amount of €30,00,000/- is to be paid in three instalments of €10,00,000/-each on 31.10.2023,10.11.2023 and 10.12.2023. The said period is already over. In the above circumstances, this Admiralty Suit is decreed on the basis of the agreement arrived at between the parties, modifying the mode of payment as three equal instalments payable on 09.02.2024,

21.02.2024 & 20.03.2024. The joint settlement agreement and the affidavits executed by the daughters of the plaintiff shall form part of the decree. Pn Sd/- T.R. RAVI JUDGE ADm.s. No. 3 oF 2o22 PETITIONER'S EXHIBITS APPENDIX DOCUMENT NO. 1 TRUE COPY OF THE STATEMENT GIVEN BY MR.K.J.JIBHKATE, CHIEF OFFICER DOCUMENT NO. 2 TRUE COPY OF THE LETTER DTD.11.04.2018 ISSUED BY THE 2ND DEFENDANT TO THE PLAINTIFF. DOCUMENT NO. 3 TRUE COPY OF THE LETTER DTD 01.06.2018 ISSUED BY THE 2ND DEFENDANT TO THE PLAINTIFF DOCUMENT NO. 4 TRUE COPY OF THE LETTER DTD 11.06.2018 ISSUED BY THE 2ND DEFENDANT TO THE PLAINTIFF DOCUMENT NO. 5 TRUE COPY OF THE LEGAL NOTICE DTD

18. 05. 2022 ISSUED ON BEHALF OF THE PLAINTIFF TO THE 2ND DEFENDANT WITH RECEIPT BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAI(ULAM ADML.S. No. 3 of 2022 C.Deepa Ratnakar plaintiff Vs. Owners and Parties Interested in the Vessel `` DCI DREDGE XX" & Anr Defendants REPORT SUBMITTED BY THE MEDIATOR ADV. GEORGE MERLO PALLATH Mediated, matter is settled. Terms and conditions are attached herewith. Settlement Agreement is signed by the parties filed along with two affidavits signed by the Plaintiff's daughters Ms.Rachita R Cherukuri and Ms. Cherukuri Ruchika Ratnakar. Datedthisthe 9th dayof January, 2024. -,-..````-,y Adv. George Merlo Pallath Mediator Ernakulam Mediation Centre \ BEFORE THE HON'BLE HIGH COURT OF KERALA AT EENAKULAM (Admiralty Jurisdiction| Admiralty Suit No. 3of 2022 Mrs. C. Deepa Ratnakar Plaintiff Owners and Parties Interested in tbe Vessel "DCI DREDGE XX" &Anr Defendants Vs. JomTsErm,ENENT^aREB]mHTsuBmrmDByTEDpl^jiiTLI'F^nD DEFENDANTS JOY TIIAITIL IITOOP CAILIDUS LEGAL COUNSEL FOR THE PLAINTIFF & THusllARA JAMrs COUNSEL FOR THE DEFENDANTS \ -`=`-----:.:---==:i:>`--- BEFORE THE HON'BLE HIGH COURT OF RE~ AT EENAKU~ (Admiralty Jurisdlctlon| Admiralty Suit No. 3of 2022 Mrs. C. Deepa Ratnakar Plaintiff Vs. Owners and Parties Interested in the Vessel "DCI DREDGE XX" &Anr Defendants mmaErmBmm AaREBrem4uB]mmD By Tin p-qrm Jug DEENDAVTS

1. The above suit has been ffled by the Plaintiff for enforcing her Maritime Claim against the defendants claiming death compensation of Rs.83,17,650. from tbe Defendants on account of the death of her husband Late Capt. C.V. Ratnakar as a result of the alleged injuries sustained by him on board the Defendant's vessel "DCI Dredge IX"

2. The plaintiff is the widow of the Late capt. C.V. Ratnakar.

3. That, the defendants do not admit that the Plaintiff has any Maritime Clain against the Defendant and nor do they admit that any amount is due to the Plaintiff on account of the death of Late Capt. C.V Ratnakar.

4. That, the Honble Court has referred the parties to Mediation and accordingly the dispute has been discussed between the parties in the Mediation on various dates and after due deliberations and discussions, it has been agreed on a Without Prejudice basis to amicably resolve the dispute between the parties, with the Defendants paying Rs.30,00,OOO/- (Rupees Thirty Lakh Only) to the Plaintiff and the Plaintiff accepting the same to her complete satisfaction towards the fun and fmal satisfaction of her claim in the

4. This settlement agreement arrived at between the parties is purely on humanitarian grounds and arising out of sympathy towards the present condition of the Plaintiff and without admitting to any liabirty as to the incident or quantum as alleged in the above suit. Fhrther, the Plaintiff hereby agree to receive the ex-gratia compensation of Rs.30,OO,000/- (Rupees Thirty I,akh Only) from the Defendants as full and fmal settlement towards any and all past, present and future claims in respect of the above suit.

5. That, the payment of Rs.30,00,000/-(Rupees Thirty Lath only) would be made in 3 equal installments of Rs.10,OO,000/-(Rupees Ten Lakh Only) each on 31.10 2023, 10.11.2023 and 10.12.2023 to the following Bank Account of the Plaintiff vide Bank Transfer: Name of Account Holder Bank Branch Account No. IFSC Code Cherufuri Deepa Ratnakar Axis Bank Ltd Hyderguda,Basheer bhag 91001004 7797 546 UTIB0001380

6. In consideration of the above, the Plaintiff hereby agrees to withdraw the above suit unconditionally making clear that her claim against the Defendants stands fully satisfied and discharged and that she shau not have any claim whatsoever against the Defendants/ Insurers / Managers or agents of the vessel bereafter in connection with the subject matter of the suit. Dated this the 27th day of October,2023. diun"coo DEF`BNDANT NO. 1 fry, mT`i+4 rx fde/ 1 eeEpinuKUR) I, `a£:i.`.T.9..A.`..er.?.@.V.%!ed #.. years, D/o Late capt. c.v. Ratnakar and Mrs. C. Deepa mtnakar. hawing permanent residence at .R6.ND../N"rofr... and Holder of Indian pa8spolt "o.W.3ae£.I.9.+ and pre§ent'lyresidlngatq.as.O..D9.u.P.tt;..g..P."flk#,%t6doherebysolemnlyaffim and state as follows:

1. That, my mother Mrs. C. Deepa Ratnakar, as the Plaintiff has filed an tAdiniral`ty Shit numbered as Admiralty Suit No.3 of 2022 before the Honble High Court of Kerala seeking death compensation of Rs.83,17,650. 00 (Indian Rupees Eighty-three lakh seventeen thousand six hundred and fifty Only) from theDredgingCorporationoflndiaLtdonaLccountofthedeathofmyfatherLate Capt.C.V.RatnakarinthecourseofhisemploymentonboardtheDefendant's vessel "DCI Dredge IX".

2. That, it is mutually agreed by all the parties including myselfto settle the said Admiralty suit for Rs.30,00,000/- (Indian Rupees Thirty lakh Only) with the Dredging Corporation of India Ltd paying the said amount to my mother Mrs.C.DeepaRatnakartowardsthefuuandfinalsettlementofallclaimsinthe said Admiralty Suit No.3 of 2022.

3. I hereby state and declare that the aforesaid settlement proposal is made with my concurrence and that I shah not raise any further claims against the Dredging Corporation of India Ltd or the insurers in relation to the subject matter of the said Admiralty Suit No.3 of 2022.

4. Since I am not in a position to travel to India , being resident in USA for work, and considering the urgency in closing the case through mediation , this NOC is issued by me, to produce before the Honble Mediator before whom AS 3 of 2022, is presently posted for mediation and settlement agreement . Datedthistbe....\S.......dayofoctober2023. &`utng:. r5?i/ cfdgvl- JURAT CERTIFICATE STATE0FuL±±££±- COUNTYOFL±2£±SLZsAricoe__ OnthisJjLdayof£2lc2!B£Qgz±202| Beforeme,theundersignednotarypublic,personallyappearedName of Person I-\` ` Provedtomethroughsatisfactoryevidenceofidentiflcation,whichwas >'o`t= -® Typeofldentification tobethepersonwhosenameissignedontheprecedingorattacheddocumentwho sworeoraffirinedtomethatthecontentsofthedocunentaretruthfulandaccurateto the best of histher knowledge and belief. uku&, (Seal) •`,;?S`;:::`.,- 4, ( I (2o2,i/ Commission ExpirationDateofNotay Public AFFIDAvlT OF Ms cHERulnIRI RuclllKA RATNAKA]R I, Cherukuri Ruchika Ratnakar, aged 29 years, D/o Late Capt. C.V. Ratnakar and Mrs. C. Deepa Ratnakar, residing at C-119, Ved Vihar, AWH0 Colony, Trimulgherry, Secunderabad, 500015 and Holder of Aadhaar Card No 276671577965 do hereby solemnly afrirm and state as follows:

1. That, my mother Mrs. C. Deepa Ratnakar, as the Plaintiff has filed an Admiralty Suit numbered as Admiralty Suit No.3 of 2022 before the Honble High Court of Kerala seeking death compensation of Rs.83,17,650. 00 (Indian Rupees Eighty three lakh seventeen thousand six hundred and fifty Only) from the Dredging Corporation of India Ltd on account of the death of my father Late Capt. C.V. Ratnakar in the course of his employment on board the Defendant's vessel "DCI Dredge IX„

2. That, it is mutually agreed by all the parties including myselfto settle the said Admiralty suit for Rs.30,00,000/- (Indian Rupees Thirty lakh Only) with the Dredging Corporation of India Ltd paying the said amount to my mother Mrs. C. Deepa Ratnakar towards the full and final settlement of all clains in the said Admiralty Suit No.3 of 2022.

3. I hereby state and declare that the aforesaid settlement proposal is made with my concurrence and that I shall not raise any further clains against the Dredging Corporation of India Ltd or the insurers in relation to the subject matter of the said Admiralty Suit No.3 of 2022.

4. Since I ani not in a position to travel to Cochin and considering the urgeney in closing the case through mediation, this NOC is issued :-:i-i:--:= '.1 by me, to produce before the Honble Mediator before whom AS 3 of 2022, is presently posted for mediation and settlement agreement. Dated this the 27th day of October 2023. r:: Fail I DEPONENT Solemnly affirmed and signed before me by the Deponent at my Office on this the 27th day of October 2023 n_ RE±- 9