CORAM :‘ Hon’ble Shn S.R. Nayak,CJ HOn’ble 'Shri Satish K. AgnihotrLJ 1. mt Rekha Das aed ahout 47 ears W/o ate K M Das evashree Das aged about 4 ears. o ate K M Das amel Das aged about 23 years, Dlo ate M Das « * oumr Das aged about 20 years S - II R/o 3-293 Fase -II RakIshore N Bilasur Tah & Du a ppellant As . plicant Aps esponen s a n ar ah Amblkapur Dtstt Sarua (C G) (Bu; wner) mashankar Tiwan age aout 29 years. 1 /o Imahpara Ambllcaput. Tah Ambikapur istt Sarguja (C G) (Bus Driver) nited India Insurance Co Ltd Medhekar omplext Rajendra Nagar Chawk Bilaspu C G) (Bus Insurer) ndya sagar Pandey, aged about 45 yeats lo Ram Mangal PandeyConrtractor, Rlo I dyut Nagar Tlfra Tan & Dlsu Bllaspur ‘ C G ) (Truck Owner) aghav Jha aged about 30 years. Slo hivnarayan Jha, Rlo through Shri ioyasagar Pandey, Contractor Vidyut agar Tlfra Tah & D'stt Bllaspur (C G) Truck Driver) New Indra Insurance Co Ltd Branch Bllaspur (C G) (Truck Insurea Gannulal Mahto slo D C Manta Rio Kallka nagar. Tlfra Tah & Distt Bltaspur x Present Mr A K Dwrvedr teamed oounsel for the appellans V Mr. Alt Asagar Ieamed Counsel assisting Mr. Prashant i Jaiswal. learned Sr. Advocate for respondent No.3. ¢ (DIVISION BENCH) . ‘l N 68 2 Misc.,‘Appea o 7 OF 005 S g y L ‘D 2 y Dl L P L 'K VA J agar p stt Bulspur (C G ) Versus Rdts \ N. Abdul S/o Bahn‘ Abbs Mohheiad Rio Khsla Chowk T gj O U d b R D U C r ( V S V ( R S V N ( i i I t I ‘ ORAL ORD (Passed on 13 of December 2005) The fonowing order of the court was passed by S.R. Nayak, CJ. The dependents of the deceased have preferred this'appeai praying for more compensation. Learned counse! for the appeflants would contend that though the MACT had taken the age of the deceased between 50-55, it has wrongiy applied multiplier 10 instead of 11 for assessing loss of dependency. it was also contended that the MACT is / not justified in deducting a sum of Rs.7000/— from the gross salary of the deceased for the purpose of assessing loss of dependency. We find merit in the first contention and no merit in the second contention. The MACT havingtaken the age of the deceased between 50-55, in terms of second Schedule. ought to have applied multiplier of 11. lf we apply multiplier of 1 1. the total loss of dependency would come to Rs.1 1,44,044l-. The MACT has made deductions from the gross salary of the deceased towards income tax, provident fund, insurance, professional tax etc, and they are permissible heads under which deductions could be made. In the result, we allow the appeal in part and award a sum of Rs.11,44,044l— under the head of ‘loss of dependency ‘as against Rs.10.40.040/— awarded by the MACT. in all other respects. the impugned award shall stand unaltered. in the facts and circumstances of the casef,