HIGH COURT OF CHHAT’I‘ISGARH AT BILASPUR M.A. No. 519 of 2005 Appellants 1. Jai Prakash Verma S/ o Mohit Ram, aged 42 years. 2. Smt. Chandrakala W/o Jai Prakash Verma, aged 35 yeals. Both R/o Village 6r. Post — Ganiyari, RS. Kata, D'mu‘ict- Bilaspur. Versus Respondents 1. Pravin Choukse S/o Gajendra Choukse (owner) Choukse Sai Travels Vehicle No. CG 10 ZA 0220 R/o 27 Y“ ¥ Kholi Vikas Nagar, Tahsil and District— Bilaspur (C.G.). 2. Ravi Singh @ Hefram Sio Not known (driver) R/o Village- Kalar Tarai, Post— Kargi Road Kota, P.S. Kota, District- Bilaspur (C.G.), Oriental Insurance Company Ltd. Through- Branch Manager, Oriental Insurance Company Ltd. High Court Road, Bilaspur (C.G.). DB: Hon’ble Shri Justice S. R. Nayak, C.J. & Hon’ble Shn' Justice Satish K. Agnjhotri, J. Mr. Indrasen Sahu, Advocate for the appellants. Mr. Prashant Jayaswal, Senior Advocate with Shri Amiyakant Tiwari, , Advocate for the Respondent No.3. ORAL ORDER ( 28th November 2005) 1. learned counsel for the appellant would contend that in assessing loss of dependency the Tribunal is not jush'ned in mking the annual income of the deceased as Rs. 15000/-. According to learned counsel, the deceased was earning monthly income of Rs. 3000/-. It was next contended by learned counsel that the Q5 M.A.C.’l‘. is not jush£ed in not awarding any compensah‘on for loss of love and aEection and loss to the estate. It necds to be noticed that in a death case, the parents/claimants are eniitled to claim reasonable compensation under the head of ‘loss to the estate’ as. well as ‘loss of love and adech‘on (loss of dlial love)’. In the instant case, no compensation is awanied under the aforementioned two heads. Having regand to the age of the deceased and age of the parents and facts and cimumstances of the case, we think it just and proper to award sum of Rs. 15,000/- under the head loss of love , and ah‘ection (filial love) and sum of Rs. 20,000[- towards loss to the estate. The impugned award accordingly shall stand modiiied. In all other tespects, the impugned lawald shall remain unaltered. No costs. /’\ ~ “a sdl- . saesh Sd/- K. Agnmom t , _ ‘? ' ~ chief Judge Jusuce \ Judge t. _ 2a ‘ s“ t A