SENU Vs. SURESH SHARMA & OTHERS

JUDGEMENT

(1.) The present appeal is maintained by the claimant-appellant (hereinafter referred to as "the petitioner") for the enhancement of the award of the Motor Accident Claims Tribunal-II, Mandi, H.P., Camp at Karsog, dated 08.07.2008, passed in Claim Petition No. 10 of 2005.

(2.) Briefly stating the facts giving rise to the present appeal are that the petitioner maintained the claim petition under Section 166 of the Motor Vehicles Act for compensation on account of death of her son due to rash and negligent operation of JCB machine by respondent No. 2. JCB machine was owned by respondent No. 1 and insured by respondent No. 3. As per the petitioner, at about 8:30 a.m. on 20.06.2004 when her son deceased, Roshan Lal (hereinafter referred to as "the deceased"), was walking on the path at Byenallah he was hit by the debris and stones slided by respondent No. 2 with JCB machine at the site of construction. Consequently, the deceased received injuries and died. As per the petitioner, the deceased was a mason.

(3.) The respondent, though have denied the contents of the petition, but after passing of the award they had not maintained any appeal against the impugned award with regard to findings of the learned Tribunal below.