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2009 Supreme(Gau) 736

P.K.MUSAHARY
New India Assurance Co. Ltd. – Appellant
Versus
Thawmlien – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: M. Guite, Adv.
For Respondents/Defendant:S.N. Meitei, Adv. Respondent No. 1 and Joel J. Denga, Adv. for Respondent No. 2

JUDGMENT

P.K. Musahary, J.

1. Heard Mr. M. Guite, learned Counsel for the appellant. Also heard Mr. S.N. Meitei, learned Counsel on behalf of respondent No. 1 and Mr. Joel J. Denga, learned Counsel on behalf of respondent No. 2.

2. This appeal is directed against judgment and award dated 19.12.2007 passed by the learned Commissioner, Workmen's Compensation, Aizawl, in W.C. Case No. 6 of 2006 awarding a sum of Rs. 3,92,000/- (Rupees three lakhs ninety two thousand) only, in favour of the claimant and against respondent insurer (respondent No. 1) to be paid within one month and with a further direction to pay a penal interest at the rate of 12 per cent per annum from the date of payment fell due till realisation of the amount.

3. Adverting to the short facts : One Lalramzauva, aged about 15 years, died in a motor accident on 1.4.2006 at Seiling in Aizawl District while travelling in a truck bearing Registration No. MZ-01A-3144 which fell down in a gorge. The deceased's father Sri Thawmlien, through his attorney Vanmawia, filed a petition claiming Rs. 4,00,000/- as compensation pleading that his son was employed as Handyman at a monthly salary of Rs. 3500/- by one Sri R. Vanlalruata, owne


































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