MAHANANDA Vs. GURULINGAPPA

JUDGEMENT

(1.) The appellants are the claimants before the Senior Civil Judge and Additional MACT at Basavakalyan in MVC No. 154/2014.

(2.) The appellants are assailing the quantum of compensation awarded by the Tribunal on the ground that the compensation awarded towards "loss of income" is on the lower side and that the 'Tribunal has erred in deducting 30% towards Income Tax. contrary to the provisions of the Income Tax Act and the established principles governing Motor Accident Claims Cases.

(3.) For the sake of convenience and clarity, the parties will be referred to as the 'Claimants' and 'Insurance Company' wherever context requires so. The deceased Shivaraj met with a motor vehicle accident on 5.11.2013 while he was proceeding on his motor cycle bearing No. KA-32/EB-2530 on NH-9, near Yerandagi village. The offending vehicle Tata Specio bearing No. MH-24/C-6468 driven rashly and negligently by the driver, lost control and dashed against the motorcycle causing grievous injuries to Shivaraj and the pillion rider Rajkumar. Shivaraj succumbed to the injuries on the way to Hospital.