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2019 Supreme(Gau) 1164

MICHAEL ZOTHANKHUMA
Lalhmunmawii – Appellant
Versus
Samuel Ramdinmawia – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Johny L. Tochhawng, Mr. Benjamin Lalthlamuna, Mr. Lalnunnema Pachuau, Mr. Nicholas Lalremmawia and Ms. Lalremruati Hmar
For the Respondent: Mr. Roshan Subedi and Ms. H. Kristazi

ORDER :

Heard Mr. Johny L. Tochhawng, learned counsel for the appellants as well as Mr. Roshan Subedi, learned counsel for the respondent No. 2. No one appears for the respondent No. 1.

1. The petitioner being aggrieved by the dismissal of her claim petition i.e., MACT No. 14/2018 by the MACT, Aizawl, vide judgment and award dated 27.11.2018 has filed the present appeal.

2. The facts of the case is that the appellant's son, David Lalneihtluanga, was a Handleman in a Truck bearing registration number MZ-01-K-4096, owned by one Samuel Ramdinmawia and driven by Emmanuel Remruotsang. While they were proceeding towards Smart Brick, Lailapur, at around 6:30 a.m. on 18.9.2015, the top of the Truck came into contact with an electric wire, which was hanging very low across the road. The truck stopped and the appellant's son, David Lalneihtluanga, thereafter got up to the top of the Truck and tried to remove the wire from the truck. In the process David Lalneihtluanga got electrocuted, as the wire that he tried to remove was a live electric wire. David Lalneihtluanga was thereafter taken to Dholai PHC, wherein the Doctor declared him as brought dead. The appellant thereafter filed a claim petit

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