HIGH COURT OF CHHATTISGrARH AT BILASPUR M.A.No, 1081 of 2005 AppeUaats l. Smt Shanla Raghwan, Wd/o P. Raghwaa, aged about 52 years. 2. Ku. Vineeta Raghwan, D/o late P, Raghwan, aged about 29 ycais. Bofh appellants are reside ia Tatibaadh., Raipur, District- Raipur (C.G.). Versus Respondeats l. Sanjay Shah, S/o Sohan LalShah, L.I.G. 3,Tatibandh, Raipur, District- Ralpur (C.G.). 2. Harish Sabtok, S/o B. L. Sablok, Ihinjaibi Colony, Katoratalab, Raipur, Dtetrict- Raipur (C.G.). 3. The New India Insurance Co. Ltd. Through - Diviskinal Manager, Kactiahari Chowk, Jail Road - Raipin- (C.G.). DB: Hon'bk ShriJustice S. R, Nayak, C.J. & Honlle Shri Justi.cc Satish K. Agnihotn, J. Mr. S. C. Verma, Advocate, for fhc appeBants. Mr. Sn Kumar Agarwal, Staading counsel for the Rcspondent No.3. ORAL ORDER (15«tlDeccmber 2005) The foUowing order of fhc Cozu-t was passcd by 8. R. Nayak, C.J, 1. In tius appeal preferred by thc dependents ofthc dcceased, though the leamed counsel for the appeBaats coutended that the M.A.C.T. 'waa not justified in taking fhe incoiac of the deceased as Rs.4000/- per month, wc do not find aay merit in that contention. Though the widow of the deceased exaiaiaed as pro^cutfon. witness No. l claimed fhat the deccased was a conteactor and was eammg inonthly iacoiae ofRs. 8000/-, that ptea rcmamed as plea on]y without any proof. In thc absence of any cvidence m. support of thc above plca, the M.A.C.T. was right in taking the income of fhc deceased as Rs. 4000/- per month. It was ncxt contended by leacaed counsel that (he M.A.C.T. was aot justificd ia not awarding any compensatioa towards loss to the estate'. He also contended fhat what is awaxded towaris loss of consortium' aad Toss of lcwe and afiection' are on lower s&le. We found force m the contention. Haviiig regard to the timc and place where thc accident took place, it cannot bc said that what is awaried towards loss ofconsortium' aad Toss oflovc and affection' is just and reasonable coinpcnsation. In tfaat view ofthe matter, we award sum of Rs. 20,000/- towards loss to the estate', Rs. 20,000/- towards loss ofcoiisortium' to thc widow and further a sum of Rs. 20,000/- towanls loss of lcwe and affect»n'to the minor children. The impugned award shatl stand modjficd ia fhe above terms. In aU other respects, thc impugncd award shaB reiaam uaattered. In fhe facts aad circumstances of the casc the parties to bear their respective costs. Sd/- Chief Justice Sd/- Satish K. Agnihotri Judge Thalsur L