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HC directs NICL to pay Rs 27.60 lakhs motor accident compensation to widow

Nagaland News

Dimapur, March 14: The Kohima Bench of Gauhati High Court on Tuesday ordered the National Insurance Company Limited (NICL) to pay within two months the modified compensation, excluding the 50% of the amount already deposited before the Registry, to a widow in Mokokchung under motor accident claim.
A Single-Bench judge of Justice LS Jamir issued an order warning that an interest of 7% per annum would be added to the modified awarded amount “with effect from the date of filing the claim petition and till final payment is made” if the Company fails to compensate the widow within two months.
According to Court records, the NICL filed an appeal in December 2019 against a judgment delivered on March 12, 2019, by the Motor Accident Claims Tribunal of Mokokchung, on the grounds that the Tribunal had “wrongly applied the multiplier 16 instead of 15 while calculating the future dependency of the deceased husband of the claimant (widow)”.
The Counsel for the widow, “in his usual fairness”, submitted that he has no objection if the multiplier is reduced to 15 instead of 16 as the age of the deceased husband was under a cloud.
“Therefore, without entering into merits of the case, this appeal is disposed of by directing that the multiplier should be read as 15 instead of 16. During the pendency of this appeal, this Court directed the appellant/Insurance Company to deposit 50% of the awarded amount. The learned counsel for the appellant submits that they have deposited Rs 14,46,696 before the Registry of this Court, and which has also been withdrawn by the respondent No 1/claimant (widow).
“Accordingly, the judgment and award dated March 12, 2019 passed by the learned Member Motor Accident Claims Tribunal, Mokokchung in MAC Case No.07/2018 is modified and the claimant would be entitled to compensation as under: Rs 15,226 x 12 x 15 = Rs 27,40,680 on loss of future earning; Rs 10,000 on funeral expense; Rs 10,000 on loss of consortium,” read the order.
The total amount payable to the widow was Rs 27,60,680.
“The statutory amount of Rs 25,000 which has been deposited by the appellant before the Registry of this Court shall also be deducted while making the final payment and the claimant may be permitted to withdraw the said statutory amount after proper identification”, it added.
(Page News Service)

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