HIGH COURT OF CHHATTI$GARH AT BILASPUR M.A. NO 1434/2005 CORAM '. Hon‘ble Shri 5.R.Nayak, Chief Jus‘rice 6t Hon'ble Shri Dilip Rnosnheb Deshmukh, Judge Appeliams —1. Sm'r. Laxmi Bai Soni, aged abou‘r abou‘r Z4? Claimants 28 years W/o Late Shri Manakmm Soni, -2. Shyam Soni, aged abouf 9 years, S/o La-re Shri Manakmm Soni, —3. Ku. Pinki Soni, aged about 6 year's, D/o La‘l’e Shri Manakram Soni, ( Appellan‘r No.2 & 3 being minor- on behalf of Through Their legal guardian mo‘i'her fhe appellan‘i' No.1) All R/o- Khariyarbada, Budhapara, Palice S’ra‘iion-Ci‘iy KoTwali, Raipur, Dislricf— Raipur (C.6.) Y%R$U$- Responden‘i’s -1‘ Raju @ Rajkumar- aged abou‘r 39 years Non-Claimants S/o 6anga @ Gunja Prasad Mendre, R/o— Village-Badaipara, Bazar Road, Kharor'a, Tehsil & Disfric‘r-Raipur (6.6.) 02. Smf. Shamim Eano, W/‘o 5hri Bashir Ali, R/o— Near House of Abbas Khan, Moudhapara, Raipur, Tehsil & Disfric‘r- Raipur (C.6.) 03. The New India Insurance Company Limifed, Through Divisional Manager, Divisional Office-2r RDA Building, Raiptir, Dis‘rrici-Raipur (C.G.) Sh ri Shivendu Pandya, learned Counsel for ihe appellants. Shri A.K.6upfa, Counsel assisfing Shri Sri Kumar Agrawal, Senior Counsel for 1'he respondent No.3. lg}; “x om. ORDER (Passed on 18*” January, 2006) The Following order of 1'he Cour-1 was passed by S.R.NAYAK, C.J. 1. The appellanfs are fhe claimam‘s in a deafh case. In fhis * appeal, The oniy ground urged before us was Tha‘l' wha‘f is awarded 'g‘ under ‘rhe conven‘rional heads i.e. " loss of consor'rium" and “loss of love and affection" is on iower side and 1’ha1' The M.A.C,T. is no'l’ jus‘rified in no‘f awarding any compensafion under 1he o‘l'her conven‘l'ional head of “ioss of esm‘l'e'i IT is well sell-led 1'ha1' even The compensa‘rion lo be awarded by The M.A.C.T. under 'l'he convenfional heads should reflect i‘he fime and place of The accidenf and The sTeep fall in The money value in recenT years. IT cannoT be sTa‘l'ic for all Times. 2. In Tha‘i view of The maTTer, we award a sum of Rs. 25,000/- ”Towards “loss of consorTium" To The widow and Rs. 25,000l- To The minor children of The deceased Towards “loss of love and affecTion“. We also award a sum of Rs 25,000/- Towards “loss of esTaTe". The impugned award shall sTand modified in The above Terms. The appeal is allowed To The above exTenT. The parTies shall bear Their respecTive cosTs. Sdl- x “/Dilip Raosaheb Deshmukh Judge 'FT" l l Sci/- 1. cHIEF JUSTICE. ‘