^ HIGH COUKT OF CHHAmSGARH AT BILASPUR M.A. No. 898 of 2005 ^J- AppeUants 1. 2. Versus Respondcnts 1. 2. 3. 4. Ashok Kaahyap, S/o Narendra Kashyap, aged about 50 years. Kuinari Dipa Kashyap, S/o Ashok Kashyap, aged about 18 yeara. Bofh R/o Karbakt Road, Bilaq>ur (C.G.) Minder Smgh, S/o Mahendia Singh @ Swam Singh, R/o Tilak ftscgar, Jaipur (Rajasfliaa). Shri Ikramuddin, S/o Shri Iiaamuddm, R/o Raj Engmeering 89/A, Iiidustrial Estate, Bhitai Nagar, Distnct- Duig (C.G.). Branch Manager, The Ncw India Insuraace Compaay Ltd., Rajendra Nagar Chowk, Distnct- Bilaspur (C.G.). Shri Subhash Sharma, S/o I.P.Sharma, R/o H.C. 109, Shailendra Nagar, Raipur (C.G.). DB: Hon'bk Shri Justice S. R. tlayak, C.J. & Hon'ble Stun Justice Satish K. ^nihotri, J. Mr. Suresh Verma, Advocate, for tbe appeUants. Mr. Prashant Jayaswal, SeniorAdvocate wifh Shri AU Asgar, Advocate fcr the Respondcnt No.3. ORAL ORDER (13fh Dccember 2005) Tbe foUowing order of fhe Court was p^ised by 8. R. Bayak, C.J. 1. In this appeal prefeired by fhc father and sister of fhe deceascd, the appeBants have sought for more compensation. It was contended by leamed coiinscl &r fhe appeBants fhat thoiugh the M.A.C.T. has deducted onty l/3td of thc iacoine of the deceased towards personal expcnses, but, while coiaputii^ actual loss of depeiulcncy, it has taten onfy l/3rd of the income of fhe deceased and theieby committed an crror apparent on fhc face ofthe order. l( nakuc1 If we took 2/3rd of thc incomc of fhe deceased for fhe purpose of coinputmg loss ofdcpcndency fhe total loss ofdepcndency would come to Rs. 5,44,000/- (32000x17). 2. Ia fhe result we aUow this appeal in part and award sum of Rs. 5,44,000/- towaids loss of dependency as against suia of Rs. 2,72,000/- awaided by the M.A.C.T. The award shatt stand modified accordiagty. In all other respects, fhe jmpugned award shaU stand unaltered. In thc facts and circumstances of the case, the pardes shatl bear their respectroe cost. sd/- Chief Justice Sd/- Satish K. Agnihotri Judge