A'r- A\ COURT QF CHH^TTIS6ARH AT M.A.No.l59/2006 CWAM: Hon'bie Shri S.R.Nayak, Chief Justice & Hon'bte Shrj J. ADDeijant Non-^ppJtcant No.3 No.l Appficant Beseondent Np_-2 Non-Appiicant No.l te^DondentNo.S Non-^pplicant No.2 Co, Ltd, Korba, through its Acting Djvjsjonal AAanager, Biiaspur Office, Taha Compiex, Vyapar Vihar (Chhattisgarh) a/ Sendram Sahu, 5/o Sahu, aged about 46 years, b/ 5mt, Seeta Bai Sahu, aged about 44 yeo.rs, Vl//o Sahu. c/ Ku. Rampyarj &]thu, aged about 20 years, U/o 6endram sahu. d/ &hu, 15 years (Minor), through is father ©endram5^hu. (A'li K/'o ViiJ. ^horamar, Tahsil-Takhatput, Distt. Bijaspur {C&} Chhannu Singh Kshatrl, S/o J,S. Kshatri, aged about 44 years, R/o LJ&-4, ftajendra Prasad Nagar, ^S) (Truck owner) Jagendra Singh about 33 years, S/o Shrawan Singh, ft/o Power House, Korba, Distt. Korba (C6), (Truck Driver) Shri MK-4grlawaJ, ^nior Counsel for the appeKant. ORAL (Passed on 3.4.2006) The folbwing ora! of the Court by S.R.NAY.4K, CJ. In this by the Company, for the us contcntions; K^: -t\\ IIKIUII ii ii iiiiii iiiwni^ (i) that the M.A.C.T has in law in recording-thc findjng that the deceased was accompanying the goods;and (il) that the .A£T. to deducted hdf of the jncome of the deceased towards personal expenses of the deceased for the purpose of of 2. for oppelbnt-Insyrance Company the order other materiaSs piaced before us, we do not find merit in the contentions, The M,A.C.T substantive of evidence has recorded the findlng 14iat accompanying three of rice. The factual finding by the ^A.Cr. not be for of as 3. It is true that the. unmarried, but, the of the included his parents, brol+ier and sister. In other words, .the ieft behind him a famify entirely ypon.his income. Although En in th© of unmarried dying, half of the Is his for the of compiitjng of dependency, is no rule tiiat norm shou!d be strictly adhered to in and every It all ' are to extent they of for their livelihood. The brother of the 15 20 on the of the accident Therefore, the had responsibjllty to the brother and to marry and -sett!e the from the In that of the matter, we cannot exception to the of the h^A.CJT. m on!y 1/3 of the incomc towwd^ p^rsonaj of the d^ceasad, No other contentEons are roised before us< 3. The devoid of merit is No costs. Sd/- Chief Justice Sd/- Dilip Raosaheb Deshmukh Judge