HIGH COURT OF CHHA’I‘TISGARH AT BILASPUR M.A. No. 521 of 2005 Appellants 1. Smt. Asima @ Masima Begam, W/o Late swli, ags 36 years. 2. K11 Jinnat Sahin D/o Late Saiik Ali, aged about 17 years, Minor. 3. Kn. Sahiba@ Sabiya Sultan, D/o Late Saiik Ali, age 15 yeaIS, Minor. 4. Najiya Sultan D/o La13e Saiik Ali, aged about 12 years, Minor. 5. Gazala Sahin D/o Late Safik Ali, aged about 8 years, Minor. 6. Ku. Rifat Javin D/o Late Safik Ali, aged about 7 years, Minor. 7. Ku. Sahista Naz D/o Late Safik Ali, aged about 3 years, Minor. 8. Ku. Tamaxma D/o Late Sauk Ali, aged about 7 months, Minor. All by caste— Musalman, Appellant No. 1 Smt. Asima Begam self and minors appellant No. 2 to 8 through their mother and natural guardia appellant No. 1. All resident of village- Pongro, Tehsil Bagicha, District Jashpur, C.G. Versus Respondents 1. Smt. Sunita Devi Agrawal, ‘W/ o Shn' Bajranglal Agrawal, R/ o village— Kansabel, Tehsil— Bagicha, District— ' Jashpur, C.G. 2. Manohar Ram Bhagat S/ o Somla Ram, Occupation— Driver, R/o Village- Nariyanland, Tehsil— Bagicha, District— Jashpur, C.G. The New India Insurance Company Ltd. Local Branch OEce Raigarh, District— Raiga‘rh, C.G. DB: Hon’ble Shri Justice S. R. Nayak, C.J. & Hon’ble Slui Justice Satish K. Agnihotri, J. : n (A Mr. Prashant Jayaswal, Senior Advocate with Shri Ali Asgar, Advocate for thc Respondent No.3. ORAL ORDER ( 28m November 2005) The only substantial gmund urged by Earned counsel for the appellants befom us in the course of the argnment is that the ’I‘nbunal has not assessed loss of dependency correctly by applying Correct multiplier. It was highlighted that the deceased on the date of accident and demise was 46 years of age and the appropn'ate multiplier would have been 13 and not 10 as applied by the Tribunal. The contention of learned counsel is well-founded. The Tribunal having deducted the contn‘bution made by the deceased towaids G.P.F. and Group Insurance recorded its dnding that the home taking salaly of the deceased was a snm of Rs. 5190/ - at the relevant point of time. We round it OE to Rs. 5200/-. Out of this snm, 1/3“ shall be deducted towaJds personal expenses of the deceased and ifwe do so the actual loss of dependency would come to Rs. 3467/- per month. The deceased was 46 years of age on the date of accident-and demise and therefom, the appropriate multiplier to be applied for assessing the loss of dependency is 13 and not 10 as has been done by the Tribunal. If we apply multiplier of 13, the total loss of dependency comes to Rs. 540852 (3467 x 12 x 13). In all other respects the impugned award shall remain unaltered. The impugned awald shall stand modified ”accordingly. 'No costs. Sdl- Cllief Jush'ce i ’ ‘ Judge \ \ \ l 1 e I ii i ""‘ Mr. A. K. Prasad, Advocate for the appellants.