- (1.) Leave granted.
(2.) One Ravi Kumar (deceased) son of Respondent no. 1 was travelling in a bus belonging to the appellant on 25.11.1998. It met with an accident. The deceased sustained injuries. He subsequently succumbed thereto. He was unmarried. He was aged about 18 years. He left behind the respondent No. 1 as his only heir and legal representative. A claim petition was filed in terms of Section 163-A of the Motor Vehicles Act, 1988 (for short "the Act"). The Tribunal calculated the loss of dependency at Rs.3,84,000/-, wherefor the multiplier of 16 was applied. The Tribunal estimated the income of the deceased at Rs.3,000/- p.m. One-third was deducted from the said amount towards his personal expenses. An appeal was preferred thereagainst by the appellant. By reason of the impugned judgment, the High Court while allowing the multiplier of 15 instead of 16 increased the rate of interest from 7% to 10%. Respondent No. 1 was held to be entitled to a total sum of Rs. 3,64,500/- (Rs. 3,60,000 + 2,000 + 2,500).
(3.) Mr. R.S. Hegde, learned counsel appearing on behalf of the appellant would submit: (i) There was no evidence to show that the deceased was earning a sum of Rs. 3,000/- p.m. (ii) The age of the respondent No. 1 being 45 as on the date of accident, the High Court committed a serious error in applying the multiplier of 15; as the deceased was a bachelor (iii) The claimant being his mother, the Tribunal as also the High Court should have deducted 50% of the amount from his income. (iv) The High Court committed a serious error in enhancing the rate of interest from 7% to 10% wherefor no justification has been shown.;