JUDGMENT

V. GOPALA GOWDA, J.

1. Leave granted.

2. This appeal has been filed by the appellant-claimants against the Judgment and order dated 31.07.2013 passed in First Appeal No. 413 of 2007 by the High Court of Himachal Pradesh at Shimla, wherein the High Court has partly allowed the appeal filed by the appellant-claimants.

3. The necessary relevant facts are stated hereunder to appreciate the case with a view to ascertain whether the appellants are entitled for relief as prayed in this appeal. On 15.12.2003, Roshan Chauhan, husband of the appellant Kala Devi was travelling in a vehicle bearing No. HP-09A-0897(207 TATA), which was being driven by respondent No. 3 Keshav Ram. When they reached near Narla, Tehsil Theog, District Shimla, the vehicle got stuck due to snow surfaced road. Roshan and few others alighted and tried to push the vehicle. In the process of pushing the vehicle, suddenly the vehicle slipped and hit Roshan and went off the road. This lead to the death of Roshan and seriously injured others who later succumbed to the same.

4. The claimants i.e. the wife, 2 minor children and mother of the deceased filed a claim petition before the Motor Accidents Claims Tribunal, Shim