^ HIGH COURT OF CHHATTISGARH AT BILASPUR M.A. No.914of2005 AppeUant Ganga Bai, W/o Raju Yadav, aged about 38 years, R/o Ashwaoi Nagar^ Towards Lakhe N^ar, Thana- Azad Chowk, Raipur (C.G.). Versus Respondents 1. Shiv Kiimar Sahu, S/o Suxnel Sahu, aged about 42 years, R/o Santoshi Nagar, In front ofSharma Khadan, Thaaa Tikrapara, Raipur (C.G,) (Driver of fhe Vehicle) 2. Vmod Kumar Preetwani, S/o Shri. Arjiin Kiimar Preetwaoi, R/o Arjun Enterprises, Samta Colony, Thaoa Saraswati Nagar, District Raipur (.0,) (Registered owner offhe Vehicle). 3. The New India Insuraace Company Lmuted, Through Dwisioiial Maaager, Division OfiBce, JaU Road, Kutehaiy Chowk, Raipiir (C,G,) (Insurcr offhe Vehicle). DB: Hon'ble ShriJustice S. R. Nayak, C.J. 8& Hon'ble Shri Justice Satish K, Agnihotri, J. Mr. Satyendra Sahu, Advocate^ for fhe appeBant. ^ ORAL ORDER (13<h December 2005) The following order offhe Court was passed by 8. R. Nayak, C.J. 1. In fhis appeal whereiif more coiapensation is sought in a deafh case, fhe inoftier is fhe claimant and she was aged about 45 yeara on fhe date of accident. ^It was clafaned that fhe deceased was a labourer. The Tribunal not acceptmg the salary certificate produced by fhe clamiant took fhe iacome of fhe deceased notfonally at Rs. 15000/- per anniim and havjng deducted l/3rd of fhe saiae towards persoaal expenses of fhe deceased has deteroimed loss of dependency. The M.A,C»T. haviag regard to fhe age of fhe deceased, we should state, has wrongfy appUed multipUer 16, mstead of multipMer 15. What is deducted towards personal expenses ofthie deceased was also not proper. Ixi normal course, it ought to have deducted at least 50% towards personal expenses offhe deceased. Looldng froxa aay angle it caxiaot be said fhat what has been awarded by the M,A.C.T. is not just and reasonable comipensation wifhiii fhe contemiplation of the Motor Vehicles Act, 1988. The appeal is devoid of inerit and it is accordmgly dism^sed. No costs. Sd/- Chief Justice Sd/- SATISH K. AGNIHO'FRI Judge Thakur