SHAKUNTALA Vs. BALKRISHNA

JUDGEMENT

(1.) Leave granted.

(2.) The claimants in a motor accident claim are appellants before us. They are the legal heirs of one Rajashekhar Kasture who died in a motor accident. The deceased Rajashekhar Kasture was aged about 24 years at the time of his death. He was employed as a Munim in Avinash and Co. On 20-7-1996, when he was travelling in a lorry to bring sugar for his employer, the lorry met with an accident and he fell down and died on the spot.

(3.) The claimants preferred claim contending that he was the only earning member and was earning Rs. 3,000/- p.m. The respondent No. 2 namely, the lorry owner contended that the deceased was working only as a office boy and was having a salary of Rs. 600/- p.m. To support his plea, RW 1, the owner of the company was also examined. The Tribunal after considering the evidence on either side held that the salary of the deceased must have been around Rs. 1200/- p.m. and by deducting 1/3rd for his personal expenses, the monthly dependency of the claimants must have been Rs. 800/- p.m. Taking the annual income as Rs. 9,600/- the total compensation was fixed at Rs. 1,53,600/- and an award was passed in favour of the claimants. Aggrieved by the same, the second respondent preferred an appeal before the High Court of Karnataka and the High Court reduced the compensation to Rs. 81,600/- under the heading 'loss of dependancy'. the judgment of the High Court is challenged before us.