- (1.) COUNSEL for the petitioners submits that the respondent No. 2 has also been served but no one appears on behalf of respondent No. 2. However, for respondent No. 1 Mr. R. S. Rathore, Additional Government Counsel is present.
(2.) WITH the consent of the parties, the case was heard finally. This writ petition is arising out of the interim order dated 13-8-2008 passed by the Additional District and Sessions Judge (Fast Track) No. 2, Bharatpur whereby the application for interim compensation has been rejected on the ground that there is no prima facie evidence on record that death of the 4 years' child caused on account of drowning in the pond.
(3.) THE submission of counsel for the petitioners is that the pond was not surrounded by wall by the Municipality and the deceased was playing nearby the pond and further being of the age of 4 years was not knowing the consequences. The State Government in such cases should award ex - gratia amount but here in the instant case, no amount was awarded and his application was wrongly rejected for want of prima facie evidence.;