AJIMA BEGAUM Vs. MANAGING DIRECTOR, KSRTC CENTRAL DIVISION

JUDGEMENT

(1.) This appeal by the claimants is directed against the judgment and award dated 28.11.2014 made by the Additional MACT, Bengaluru (SCCH-7) allowing the claim in M.V.C. No.5539/2013, whereby a compensation for a sum of Rs. 10,66,000/- is awarded with interest at the rate of 6% per annum. The Tribunal has made a direction for apportionment of compensation amount, by and between the claimants inter se, in a particular ratio.

(2.) The brief facts of the case are that:

(3.) The learned counsel for the claimants submits that in view of the judgment of the Apex Court in the case of National Insurance Company Limited v. Pranay Sethi and Others reported in, 2017 AIR(SC) 5157, and Hemaraj v. Oriental Insurance Company Limited, 2018 ACJ 5, the claimants are entitled to enhanced compensation by addition of 10% to the actual or notional income and that the same having not been adverted to by the MACT, the impugned judgment and award are flawsome. He further submits that he had produced the RTC of the agricultural land and also the occupation licence granted by the local body i.e., meat vending licence. The income of the deceased was far in excess of what had been taken by the MACT and therefore, on this ground the award is vulnerable.