v ^ HIGH COURT OF CHHATT!SCrARH AT BILASPUR M.A. No. 990 pf 2005 AppeUant Respoiidents Versus 1, 1. Suiul Kiunar, 21 years, S/o Late Maldian Lal Banjara. 2, Falmani Dcvi, 43 years, Wd/o Late Makhan Lal Bnjara. 3. Ku. Poorauna, 19 years, D/o Late Makhan Lal Baajara. 4, Indrajeet, 15 years, S/o Late Makhaa Lal Banjara. AppeIIant/Claimaat No.4 is miaor, Through natural guardian & inother Smt. Falmani Devi, Wd/o Late MaKhaa Lal Banjara, AU R/o Vfflage- Goiudri, PoUce Station- Pathana, TahsU- MungeK, District-Bilaspur (C.G.). Shri Vishnu Rrasad, 36 years, S/o Shri Kanhaiya Lal Dhruv, R/o Udaipiur, Post-Bandha, TahsU-Lonni, Dratrict- Bilaspur. Drivcr of Dumper C.G. 12/ZC/1358. 2. Shri Saatosh Prasad, 46 ycars, S/o Shri Stuv Prasad Mishia, R/o Gevra Project, S.E.C.L. Korba (C.G.). Owner ofDumperC.G. -12/ZC/1358. 3. Shri MevaJal, 36 years, S/o Shri Budhram, R/o Kbta, D^trict- Bilaspur (C.G.). Driver ofBus No. C.G. 10/ZA/0181. 4. Smt Gsa-gh 37 years, W/o Shri Manoj Shrivastava, R/o 27 KhoM, Pblice Station- Civil Lines, Bilaspur (C.G.). OwncrofBus No. C.O. 10/ZA/0181. 5. The New India Insurance Compady Ltd. Rajendra Vayar Chowk, Bflaspiir (C.G.) DB: HonlileShriJusticeS. R. Nayak, C.J. & Hon'ble Shri Justice Satteh K. Agnihotn, J. Mr. Sauiabh Shamia, Advocate, for the appellants. Mr. Sri Kiunar AgarwaJ, Standitig counsel for fhe Respondent No.5. ORAL QRDER (15fh December 2005) The followii^ order ofthc Court was passcd by 8. R. Mayak, C.«I. •A In this appeal preferred by fhe dependents of the deceased seeking more compensation, leanicd counsel for the appellaat would contend that the M.A.C.T. has coinmitted aa. apparent iUegality in apptying ini.iltipUcr 13 instead of applying correct inultiplier 15, because, the deceased, as on fhe date of accidcnt was, aged 45 years. Itwas also contended that the M.A.C.T. was notjusdfied in not awardixig coinpensation imder fhe conventional heads loss to the estate' and <toss of love and afifection' to the minor children. It was further contended fhat what is awarded to thc widow towards loss ofconsortium' is also veiy aiuch on lower side. Having heard leamed counsel for the parties, we arc of the consxlered opmion that the M.A.C.T. has committEd an apparent illcgalily in appfying inultiplier 13. Ifthe agp ofthe deceased as on fhe date of accident was 45 ycars, fhe appiopriate inultiplfer is 15 not 13. The M.A.C.T. was also not justified in not awarding any coinpensation under the convcntipnal heads Toss to thc cstate' and loss of love and afFection'. We also find soine force ia the contention oflearaed counsel thatwhat is awarded towards loss of cousordum. to the widoiw' is also on lower side. Ifwe apply multiplier 15, the total loss ofdependencywould' com.e to Rs. 11,81,160/-(78744 x 15). Accordingfy, we award Rs. ll,81,160/-'loss of dependcncy' as against Rs. 10,23,672/- awarded by fhe M.A.C.T. Further, we awanl Rs. 20,000/- tcwards loss to the estate' and Rs. 20,000/- towards loss of love and affection' to the ininor chiklren. We also enhaace compensation zinder the head loss of consortium' to fhe widow froin Rs, 5000/- to Rs.20,000/-. f>v 4. In the result and for fhe foregoiag reasons, we allow fhc appeal in part aad in substitution of the unpugaed award passed by the M.A.C.T. , we award total conipcnsatfon ofRs. 13,13,160 uuder the foUDwing heads:- Loss ofdependency Loss ofconsortiiun Funeral expcnses Loas to the estatc Loss oflovc and adfectk>n Loss to thc prospects of Future promotions and Increiacnts Rs 11,81,160/- Rs. 20,000/-. Rs. 2,000/-. Rs. 20,000/-. Rs. 20,000/- Rs. 70,000/- Total Rs. 13,13,160/- with interest at the rate of 9% per anniim 6om. the date of the claun petition tiU pa3Tnent The lasuraacc Company shatl deposit fhe balance compcnsation money before the M.A.C.T. wifhia suc weeks fix»iu today. Thc M.A.C.T. is directed to disburse/invest fhe conipensation money in the same proportions as specified by it in thc impi^ned award. In fhc facts and circumstaaces of fhe case, bofh thc parties are directed to bear fheir respective costs in fhis appeaL sd/- Chief Justice Sd/- Satfsh K. Agnihotri Judge Thakur