Mohd Saif

Challenge in this appeal by special leave is to the judgement and order dated 26 june 2006
passed by the high court of Karnataka at Banglore held that the appellant here in are entitled
to compensation of Rs. 3 lakhs 56 thousand along with interest at the rate of 6 percent per
annum from the date of filling of the claim petition till the date of actual deposit of the
compensation in the motor vehicle act 1988 as against the compensation of Rs. 6 lakhs 8
thousand with interest at the rate of 6 percent per annum awarded against motor acident
claim tribunal Masore vide order dated 19 April 2002 the appellant are the unfortunate
parents and the three sisters of the deceased the first respondent is the owner of the lorry
which was involved in the accident and the second respondent is the insurance company
with which the lorry was insured. According to the appellant on 3rd june 1999 at about 10Am.
The deceased aged about 20 years was riding the luna moped with the lorry which was and
ran over the deceased killing him on the spot. the appellant filed a petition under section
166 for the award of compensation on account of the death of the deceased in the petition
it was found that the deceased had lucrative business and sum of Rs. 20 thousand per
month. The Claim of compensation of Rs. 68 lakhs 30 thousand was made.

Upon consideration adduced by the parties in particular the income tax return filed by the
deceased for the assessment year 1998-99 where in the total income from business was
declared at Rs 43 thousand the tribunal rejected the stand of the appellant claimed that the
earning of deceased was 20 thousand per month. The monthly income at rs 7 thousand per
month deducting there from half of the said income towards personal and living expenses of
the deceased and showing the age of the younger of the parents as the basis determining
the multiplier as 14 the tribunal quantified at loss of dependency as Rs 5 lakhs 88 thousand
and at Rs. 10 thousand towards the loss of expectation of life and Rs 10 thousand towards
funeral expenses had determined the total compensation at Rs 6 lakhs 8 thousand as noted
by the interest at the rate of 6 percent per annum was also awarded. Being aggrieved the
owner of the vehicle in this appeal preferred appeal to the high court rejecting the plea of the
owner that his lorry was not involved in the accident the high court came to the conclusion
on the basis of the income tax return the income could not be more than Rs. 40 thousand
per annum.