SHASHI Vs. MEERAN DEVI

JUDGEMENT

(1.) THIS appeal is instituted against the award dated 4.9.2014, rendered by the learned MACT -II, Hamirpur, H.P. in MAC Petition No. 01 of 2011/88 of 2011.

(2.) KEY facts, necessary for the adjudication of this appeal are that respondents No. 1 & 2 have filed a claim petition against the appellants and respondents No. 3 & 4. According to the averments contained in the claim petition, respondent No. 2 has asked the appellant No. 1 Shashi Pal to supply a trolley of stones. At about 7:00 PM, after accomplishing his task, Shashi Pal and Amit Kumar asked Sunny, son of petitioners to accompany them to 'khud' from where stones/boulders were to be taken. While proceeding, it was found that the fuel was not sufficient. They came to Hareta bazaar. The accident took place. Sunny received serious injuries. He was removed to R.H. Hamirpur and then referred to IGMC, Shimla. He succumbed to injuries on 19.10.2010. An FIR No. 222/2010 dated 19.10.2010 was registered at Police Station, Barsar. The post mortem was got conducted.

(3.) REJOINDER was filed by the petitioners to the reply filed by the contesting parties. The issues were framed on 4.4.2013 by the learned MACT -II, Hamirpur, H.P. The learned MACT -II, Hamirpur, H.P. awarded compensation of Rs. 3,42,000/ - alongwith interest @ 7.5% per annum from the date of filing of this petition till realization of entire amount in favour of the petitioners and against appellants No. 1, 2 & respondent No. 4 Sh. Swaroop Kumar. Hence, this appeal.