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2021 Supreme(Gau) 755

N. KOTISWAR SINGH, S. HUKATO SWU
State of Nagaland – Appellant
Versus
Moba Changkai – Respondent


Advocates Appeared:
For the Appellants :N. Mozhui, Advocate.
For the Respondents:Kezhosano Kikhi, Neiteo Koza, Pakinrichapbo, Advocates and Yangerwati, C.G.C.

JUDGMENT :

N. Kotiswar Singh, J.

1. The present appeal has been preferred by the State of Nagaland against the judgment and order dated 15.11.2019 passed in WPC No. 179/2016 being aggrieved primarily with the direction of the Ld. Single Judge in awarding an exemplary compensation of a sum of Rs. 25 lakhs to the writ petitioner, respondent no. 1 herein for the death of his mother and the unborn baby, contending to be on a higher side.

2. Before we examine the issues raised in this appeal, it may be apposite to refer to the relevant facts of the case in brief.

3. Petitioner's mother namely, late Bemang who was pregnant with the seventh child, had labour pain at about 2 AM on 11.07.2016 and during the labour one of the arms of the baby emerged from the birth canal. However, as the baby could not be taken out completely, she was taken to the district hospital at Mon which is located about 130 km away from the village. Unfortunately, the mother died on the way to the hospital with the stillborn baby.

4. Alleging utter lack of health infrastructure in the village, various health care projects existing only on paper, negligence on the part of the authorities to provide necessary healthcare an

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