HIGH COURT OF JUDICATURE CHHAmSGARH : BILASPUR DIVISION BENCH CORAM : HON'BLE SHRI S.R. NAYAK, CJ. & HON'BLE SHRI D.R. DESHMUKH, J. Appellants Applicant RESPONDENTS Non-Applicants Misc. Appeal N0.989 OF 2005 1. Nanku Ram S/o Mohana, Aged 45 years, 2. Smt. Kunwaria Bai W/o Nanku Ram Kanwar, aged 42 years, Both R/o village :Mundgaon, Tahsit & P.S. Dongargarh, District - Rajnandgaon (C.G.) Vs' 1. Prakash Ram Sto Anjori Ram, aged 38 years, R/o Tumdibod, Tah. & P.S. Dongargaon, DiStrict Rajnandgaon (C.G.) 2. Indian Broiler Farm, Baldev Bagh, Rajnandgaon 3. The New India tnsurance Company Limited, Kamthi Line, Rajnandgaon Present: Mr. Amiyakant Tnvarj , teamed counsel for the appellants. Mr. Ali Asagar, learned counsel fbr respondent No.3 ORALOfWER (Passed on 3rd January, 2008) The following order of the Court was passed by S.R. NAYAK, CJ. In this appeal where enhancement of compensation is sought, the contention urged by the leamed counsel for the appellants is that on the date of the accident and demise of the deceased, the average age of ffie appellants-clalmants was 43.5 years and therefore, the MACT ought to have applied multiplier 15 in terms of 2 Schedule instead of wrongly applying multiplier 8. It was also contended ttiat the MACT is not justified in not awarding any compensation towards loss of filial love andl loss of estate. We find force in the eontentions. "2.- (2) There is no controversy between the parties that as on the date of accident, the appellants-ctaimants were aged 45 and 42 years respectiveiy and therefore, the average age of the appellante- claimants would come to 43.5 years. In that view of the matter, ttie MACT ought to have applied multiplier 15 in terms of 2 Schedule. tf we apply muttiplier 15, loss of dependency woutd come to Rs. 3,24,000/-. Therefore, we award a sum of Rs.3,24,000/- ttwards loss of dependency as against Rs.1,74,800/- awarded by the MACT Loss of filial love and k>ss of estate are permissible heads under which compensation could be sought in a death case. Therefore, we award a sum of Rs.20,000/- towards loss of filial love and anothsr sum of Rs.20,000/- tovrards loss of ^tate. (3) tn the result and for the foregoing reasons, we allow the appeal in part and in substituUon of the impugned avrard, we award total compensation of Rs.3,69,000/- under the follcwing heads Rs. 3,24,000/- Rs. 20,000/- Rs. 20,000/- Rs. 5.000/- (i) Loss of dependency (ii) Loss of filiat tove (iii) Lossofestate (iv) Funeral expenses Total Rs.3,69,000/- with interest @ 6% per annum from the date of claim petition 611 payment. The insurance company shall deposittte balance compensation within SK weeks from today and on such deposit being made, the MACT shall investfdisburse the compensation money in the same proportions, if any, specified by it in the impugned award. However, the parties shall bear their respective costs in thls appeal. _-. - - -——^ —— -- sd/- Quef Jusdce Sd'- . .,.. Dilip Raosaheb Deshmukh Judge