^T HIGH COURT OF JUDICATURE CHHATTISGARH : BILASPUR DMSION BENCH CORAM : HON'BLE SHRI S.R. NAYAK. CJ. & HON'BLE SHRI D.R. DESHMUKH, J. .<- Aopeltants Claimants RESPONDENTS Misc. Aooeal N0.905 OF 2005 1. Dhananjay Kumar Sahu S/o Jeetram Sahu, Aged about 12 years, through natural guardian father Jeetram, (Appeilant no. 2) 2. Jeetram Sahu, S/o Shri Dhiraj, Aged about 32 years. 3.' Shukhchain Sahu S/o Dhiraj Sahu, Aged about 30 years. All are resident ofvillage Koliya, Tehsil - Kurud, Distt. Dhamtari, C.G. Vs. 1. Vinod Kumar Sahu S/o Ghanaram, Aged about 28 years, 2. Ghanaram Sahu, Dead Through hjs LR's a. Shantiswrup S/o Late Ghanaram Sahu, Aged about 42 years b. Hemnarayan S/o Late Ghanaram Sahu, Aged about 28 years c. Poona Bai W/o Late Ghanarama Sahu, Aged about 60 years, All are resident ofvillage Koliyari, Tehsil - Kurud, Distt. Dhamtari, C.G. 3. The Oriental (nsurance Company Limited, Behind Amar Talkies, Dhamtari, C.G. Present: Mr.Rajesh Pandey, learned counsel for the appellants. Mr. Ali Asgar, Jearned counsel for the respondent No.3. ORALORDER (Passed on 2nd January, 2006) The following order of the Court was passed by S.R. NAYAK, CJ. In thisappeal preferred by the dependants of the deceased the only tenable ground urged before us is thatthe MACT having accepted the age -<<2-.- ^,- of the deceased as 60 years, ought to have applied multipljer 8 instead of applying multiplier 5 for assessing loss of dependency. We find force »n the above contention. It is not the finding of the Tribunal that the deceased was above 60 years as on the date of accldent. As per 2nd Schedule, if the age of the deceased was 55 years but not exceeding 60 years, appropriate multiplier to be applied is 8 and not 5. If we apply multiplier 8, tolal loss of dependency would come to Rs. 80,000/- (Rs.10,000 x 8 ). Therefore, we award a sum of Rs. 80,0007- towards loss of dependency as against Rs. 50,000/- awarded by the MACT. We also award a sum of Rs. 20.000/- towards loss of estate. The impugned award shall stand modified in the above terms. In all other respects, the impugned award shall stand unaltered. (2) The appeal is allowed to the extent indicated above. There shall be nb order as to coste. Sd/- ChiefJustice Sd/- DiUp Raosaheb Deshmukh Judge $^°u r