(2.)The claimants in this case have filed this appeal for compensation under the Motor vehicles Act, 1988 (hereinafter referred to as 'the Act') assailing the judgments of the high Court of Karnataka in M. F. A. no. 4537 of 1999 (MVC) alongwith cross appeal no. 26/2000 (MVC) in which the compensation awarded by the motor accident claims tribunal has been reduced from Rs. 5,42,000. 00 to Rs. 3,15,000. 00.
(3.)Dhanurjaya Suna, the victim of the accident was aged about 32 years on the date of the accident i. e. 11/8/1997. He was a gas cutter in M/s. Jindal Vijayanagar Steel at Sandur Taluka, in Bellary district of the state of Karnataka. He was drawing a salary of Rs. 2015. 00 per month and including the overtime allowance his monthly income was about Rs. 4,000. 00. The tribunal, for the purpose of determination of compensation had taken the monthly income of the deceased as Rs. 4,000. 00, had applied the multiplier 15 and awarded a sum of Rs. 5,42,000. 00 as compensation. The High court on appeal by the owner and insurer of the vehicle, excluded the overtime allowance from the monthly income and determined net income of the deceased at Rs. 1,515. 00 per month and maintained the multiplier 15 as fixed by the tribunal. The total compensation amount payable to the claimants was determined as Rs. 3,15,000. 00. Both the tribunal and the High Court awarded 6% interest per annum on the compensation from the date of making the claim till the date of realization.