NOOR FAIGIRA BEGAM Vs. O M RAMEEJA BEEVI

JUDGEMENT

(1.) Heard the learned counsel appearing for the appellants / claimants and the learned counsel appearing for the 2nd respondent / Insurance Company.

(2.) It is a case of fatal. The manner of the accident is not in dispute. This appeal has been filed by the appellants / claimants seeking to enhance the quantum of compensation awarded by the Tribunal.

(3.) The learned counsel appearing for the appellants / claimants would submit that the deceased was a Mini Bus operator and he had owned two mini buses and derived a monthly income of Rs. 60,000/- p.m. from the said two Mini Buses. Now, in view of the death of the deceased, the claimants have sold the said vehicles and they could not run the business. Apart from the income derived from Mini Bus operation, the deceased had been earning Rs. 5 lakhs per year through cultivation in his agricultural lands. The Court below, without considering the above, has erroneously taken Rs. 10,000/- as notional income of the deceased holding that the claimants have not produced any Income Tax certificate of the deceased. Considering the fact that the claimants are in the lurch and the business and agricultural operations are closed in view of the death of the deceased, he requested this Court to fix a minimum of Rs. 25,000/- as notional monthly income of the deceased and thereby, to enhance the award amount.