HIGH COQRT OF JUDICATURE CHHA! H§GARH : BILA§PU3 LDlVISlON BENCH) CORAM : Hon’ble Shri $.R. Nayak, CJ Hon’ble Shri Satish K. Agnihotri, J. Misc. Appear M395 or zoos ‘ Present: l Smt. Meera Jaiswal, leamed counsel for the appellants. Mr. Prashant Jayaswal, learned Sr. Advocate with Mr. Ali Asgar, learned counsel for respondent No. 3/lnsurance Company. ORA O R (Passed on 14 of December 2005) a. The following order of the court was passed by S.R. Nayak, CJ. o ® l 1 \ i, -.;.— In this appeal preferred by the dependanis of the deceased seeking more compensation, the oniy contention of Iearned counsel for the appelianis is that the MACT has not assessed Ioss of dependency in accordance with law and it has also not applied the appropriate multiplier. lt was pointed out that the deceased on the date of accident was aged 54 years and therefore, the appropriate multiplier is 11 and not 6. We find force in the above contention. The MACT for the purpose of asseésing loss of dependency, after permissible deductions took the monthiy income of the deceased at Rs.7,093/-. We may round it off to round dgure Rs.7,000I-. If we deduct 1/3” of the income twards personal expenses of ’ the deceased, the actual loss of dependency per month would be Rs.4,729I-, rounding it otl' to Rs.4.730/». Thus. total loss of dependency ‘would be Rs.6.24,360/— (4730 x12 x1 1). At this sage itself, it needs to be noticed that the MACT wrongly applied multiplier 6 inStead of 11. Admittedly, the MACT has taken the age of the deceased, on the date of accident, as 54 years. lf that is so, in terms of second schedule, the ‘\ appropriate multiplier to be appiied for assessing loss of dependency is /\ i 11 . 2: In the result, we award a sum of Rs.6,24,360l- towards loss of dependency as against Rs.3,40,464/- awarded by MACT. The impugned award shall stand moditied accordingly. ln all other respects, the impugned award shall stand unaltered. ln the facts and circumstances of the case, the parties shall bear their own costs. . 3. The appeal is allowed to extent indicated ahpve. Sdl- i, sm- Chief Justice \ Satish K. Agnihotrl l iiw .~ Judge ‘ Judge i 64,19)“ \ i