^' APPELLANTS CLASMANTS Smt. P. Subhashinl, Wd/o. !ate K. Mani, aged about 48 years, 2 Shamni Pi!lai, D/o iate K. Mani; aged about 25 yeare, 3. Sarojnl Piilai, D/o late K. Mani, aged about 24 years, 4. Rajn! P'llai, D/o tete K. Mani, aged about 23 years; 5. M. Hitesh Kumar Pillai, S/o iate K. Mani, agec' about 19 years, Ali R/o. H. Market Qr. No. 25/A, Maroda SecAor- Bhilai, Tahsil and District Durg (C.G.) Versus 1. Prakash Sahu, S/o Shri Bhaiya iai Sahu, aged about 36 years, R/o Baljnathpara, Durg, Tahsil and Distt. Durg (C.G.)^gl^ER 2. D. Shayarnai Rao, S/o D. Krisnnaiya Reddy, R/o J. pocket Qr. No. 19/B Maroda, Sector Bhilai, Tahsil snd Di^t. Durg (C.G.) OVVNER 3. Branch Manager, The Oriental Insurance Company Limited Malviya Nagar, Durg, Tahsil and District Durg, (C.G.) INSURER ADDesl Under Section 173 of ^otor VehiclesAot 1988. Present: Shri NK Chatterjee, Advocate on be'nalf of Shri Jitendra Gupta, counset for the appeiiants. ORAL The following oral order of the Court was passed by iip The only point urged by iearned counsel appearing for the aDseiiants in this acDea] 's that learned M.A.C.T. did not take ;nto •i^. lh''F inslderation the monthlv income ofthe deceased. -iowever, perusal of the impugned award sho'-.'/s that ths deceased was aged 1 3 years at the time of accident and ';vas a non-earning member. (2) !n this view or the matter, we ars of the considered opinion that learned M.A.C.T. correctly took the notionai income at Rs.15,000/- and assessed the loss of dependency after deducting 1/3" therefrorn. We aiso notice that aithough on the basis of the age of the parent of the deceased being 48 years, multiplier 13 was appilcable, but, the M.A.C.T. has appiied a higher mLiltiplier 15. in thls visw of the matter, we flnd no merit in thls appea", which ;s dismissed at the admission stage itseif. Sd/- Chief Justice Sd/- Dilip Raosaheb Deshmukh Judge