SYED BASHEER AHAMED Vs. MOHD JAMEEL

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in this appeal, by special leave, is to the judgment and order dated 26th June, 2006 passed by the High Court of Karnataka at Bangalore, holding that the appellants herein are entitled to a compensation of Rs. 3,56,000/- along with interest at the rate of 6% per annum from the date of filing of the claim petition till the date of actual deposit of the compensation under the Motor Vehicles Act, 1988 (for short 'the Act'), as against the compensation of Rs. 6,08,000/- with interest at the rate of 6% per annum, awarded by the Motor Accident Claims Tribunal, Mysore (for short 'the Tribunal') vide order dated 19th April, 2002.

(3.) The appellants 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 appellants, on 3rd June, 1999 at about 10.00 a.m., the deceased aged about 20 years, was riding on a luna moped when the lorry dashed against it and ran over the deceased, killing him on the spot. It was claimed that the deceased was engaged in his own business under the name and style of Bharath Packing Cases Industry, and was also dealing in cut size timber.