470 million damage in Rajawadi's performance, 4.5 million insurance claim, who will pay the remaining compensation?

Generally, the person who caused the damage is the one who pays the compensation, the police file a case for that, the court then takes the action: Apilraj Bohra, Spokesperson, Police Complex Kathmandu

Baishak 16, 2082

Yagya Banjade

470 million damage in Rajawadi's performance, 4.5 million insurance claim, who will pay the remaining compensation?

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A demand for compensation worth around 47 million rupees has been made for the vandalism and arson during the demonstration of Rajawadi on 15th March. A report has been made to the police with a demand for damages worth 469 million 85 thousand 340 rupees for the arson and vandalism of government and private vehicles, buildings and physical structures.

Out of the total damage, insurance claims worth Rs 459 lakh 62 thousand 721 have been made till last week. On this basis, more than 42.42 crores of the total claims for performance losses are uninsured. It is not clear who will bear their losses. According to the police, 3992 million 36 thousand 676 rupees were damaged due to the vandalism and arson of 56 houses, institutions and offices during the

demonstration. According to the police, there are 15 private houses, 37 private institutions (two media houses, one super market, two hospitals, four banks, two cooperatives, 20 businesses, one school, two party offices and three offices), one industry, two police offices and a traffic island. 

According to police data, 69 vehicles were damaged in the arson and vandalism during the demonstration. Among them, 63 are four-wheelers and 6 are two-wheelers. According to the data of the police, among the damaged vehicles, there are 7 of Nepal Police, 10 of other government offices, 1 of public institutes, 18 of private ones and the remaining 33 vehicles without numbers. According to the police, the damage to the vehicle is Rs 687,777,650. Similarly, 8 CCTVs worth 1 million 71 thousand rupees were damaged during the demonstration. Although the police have collected the details of all the damages mentioned, there is no certainty of compensation.

Rabindra Ojha, who is running 'Sign Tech Nepal Pvt. Ltd.' in the three-cornered area, is confused about where the relief and compensation will come from. It is a company from 14 years ago. 4 laptops with human resource system (HR STEAM) connected were stolen, there is no CC camera record box,' said Ojha, 'there has been a physical loss of 3 crore 7 lakh 95 thousand rupees. Data and documents are also destroyed. Who will compensate for this and how?' He informed that he has filed a complaint with the police and the ward office for compensation.

8 vehicles put up for sale by Shanti Auto Pvt Ltd of Koteshwar were damaged by royalist protesters. "The vehicle kept inside the gate was vandalized," said Prem Bahadur Shahi, the owner, "Second hand vehicles usually have third party insurance only. That's why I built a car at my own expense.'' He said that even though the police took a bond and took a photo, they did not get any information about getting compensation.

Usha Rizal, Acting General Manager of Herbs Production and Processing Company Limited, said that the preliminary estimate was that the damage in Huldanga was about 28 million rupees. She informed that a separate committee has been formed for further investigation and the final report will come soon. "Buildings and other structures were not insured, but oil, packaging materials, bottles, etc. were insured," she said. But in general, after the case is filed, the victim will be compensated by demanding the required amount from the offender (defendant). For this, the investigation on the accused is in the initial stage. 

There is a district disaster management committee for compensation in riots, fires, natural disasters, etc., and there is a provision for compensation in the Local Government Operation Act 2074. Section 73 of the Civil Code 2074 states that vandalism or damage to public and private physical structures or objects should not be done. In sub-section 1 of the said section, it is stated that "no one shall commit any offense under this section or damage, vandalize or set fire to any item or public or private property considered necessary according to the law, or use someone else or damage such item or property by himself". If this offense is committed, according to sub-section 2, the person who commits the offense shall be imprisoned and fined, as well as compensation shall be paid accordingly in case of breach of contract.

Apart from this, the government at all three levels can also decide on compensation, said Apilraj Bohra, spokesperson of Kathmandu Police Complex and Superintendent of Police. Generally, the person who caused the damage will pay the compensation. For this, after the investigation, the police will file a lawsuit based on the participation and liability of the offender in the incident and file a lawsuit to pay the damages according to the damages," he said. What kind of decision comes from the court, how much amount the defendant has to pay depends on the order.'' He said that it is not possible to say when and how much the victims will receive as the investigation is ongoing during the three-corner demonstration.

In Nepal, the practice of spontaneously insuring vehicles and property is still very low. Third party insurance is mandatory at the time of yearly renewal of the vehicle's 'Blue Book'. When taking a loan from a bank with a home mortgage or a business loan, property insurance is a must. Citizens are not voluntarily insured in cases other than those mentioned. Therefore, even though a lot of property was damaged in the riots of Chait 15, only a few insurance claims were made.  Even the

insureds have not received all payments. According to the claims filed till May 3, Nepal Insurance Authority has reported that there have been a total of 50 claims including 22 private vehicles, 21 home and business (property), 3 engineering and contractor risks, 2 motor insurance (public) and 2 miscellaneous. According to this, most claims are in property insurance. Under this, 21 applications have received claims worth Rs 2 crore 78 lakh 87 thousand.

470 million damage in Rajawadi's performance, 4.5 million insurance claim, who will pay the remaining compensation?

The authority has said that 22 claims of motor insurance amounted to 1 crore 623 thousand, 3 claims of engineering and contractor risk amounted to 37 lakh, 2 applications of motor insurance (public) amounted to 27 lakh 50 thousand and miscellaneous claims equal to 1 million rupees. According to the authority's data, 33 lakh 35 thousand rupees have been paid till last week. According to the authority, out of the claims, Siddharth Premier Insurance has paid 26 lakh 7 thousand, Sagarmatha Lumbini Insurance 2 lakh 2 thousand, IGI Prudential Insurance Company 28 thousand and Shikhar Insurance 4 lakh 98 thousand. Nayan Bahadur Pandit Chhetri, a resident of Tinkune, is one of those who will get the

claim payment. His four-and-a-half-story house was damaged. Chhetri said that he got payment for vandalism and arson claims because he had insured the house. According to him, the amount received from the insurance has provided some support for the maintenance, but it is insufficient. "I had insured for 1 crore, all the glass of the house was broken, the insurance paid with a 40 percent reduction," said Chhetri, "I am repairing the broken glass by adding some of my own money."

The wrongdoer has been established and compensated only after the judgment: Rishiram Tiwari, Chief District Officer, District Administration Office, Kathmandu 

In the incident of vandalism and arson in Tinkune, the victims have been demanding compensation of around 47 crores. What are the basis of demand?

This is a claim for physical damage to the performance. This includes damage to vehicles, houses and offices. The police has collected the information after studying on the spot. This is early though.

The mentioned data was initially said, do you understand that the demand will change after further research? The

report is preliminary. The police conducted an on-site investigation and collected information based on conversations with the victim. However, the police will further investigate the facts and get the exact details. How do

victims get compensation?

If the property is insured, the victim also gets compensation from the insurance company. If not, depending on the situation or situation, sometimes compensation is given based on the decision of the government. But in general, after the case is filed, the victim will be compensated by demanding the required amount from the offender (defendant). For this, after the investigation is completed, the process of the case will proceed. Two people died during the

demonstration. The Council of Ministers has decided to compensate them at the rate of 1 million per person. Since the incident is under investigation, on what basis was the decision made to compensate the family of the deceased?

The government has decided to give relief to the families of the deceased at the rate of 1 million. However, the victims are yet to get relief. Relief is in process. The decision may have been made thinking that relief should be given to the government at the request of the families and relatives of the deceased and various organizations.

Yagya

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