MIGH COURT OF JUDICATURE CHHATTISGARH : BtLASPUR (DMSION BENCH) CORAiVI: Hon'bie Shri S.R. Nayak, CJ Hon'ble Shri Satish K. Agnihotri, J. Misc.Appeal No.1005 OF 2005 APPELLANTS CLAIMANTS ^- \.._... ; y L; 1. 2. 3. RESPONDENTS 1 NON-APPLICANTS 2. 3. Devki Verma W/o Vyas Narayan Verma Aged about 35 years Ku. Jyoti Verma D/o Vyas Narayan Verma Aged about 15 years Dukhiya Bai W/o Jailal Verma Aged about 65 years Appellant no. 2 represented by leagl guardian appellant no. 1. All are R/o. Shanti Nagar Kumhari, Distt-Durg (C.G.), present add. Abhanpur, P.S. Abhanpur, Distt. Raipur (C.G.) Versus Dinesh Kumar S/o Suraj Bhan Sahu Permanent add. Dandesara, P.0. Kurud, Distt. Dhamtari, P.A. Through Ramkumar S/o Ashwani Kumar Chandrakar, Vill. Chhati, Distt. Dhamtari (C.G.) Ramkumar S/o Ashwani Kumar Chandrakar, Vill. Chhati Distt. Dhamtari (C.G.) The Oriental Insurance Company Ltd. Through DivisionaJ Manager (D.O.-1) The Oriental Insurance Co. Ltd. Jail Road Raipur, Distt. Raipur (C.G.) Present: "'"" Mr. S.C.Verma, learned counsel forthe appellante. Mr. Vmay Harit, learned Sr. counsel with Shri Narayan Shrivastava, learned counsel for the respondent No.3. ORAL ORDER (Passed on 20 of December 2005) The following order ofthe court was passed by S.R. Nayak. CJ. The dependents of tfie deceased have filed this appeal for more compensation. The contention of learned counsel for the appellants is \v <c, A thsrt the age of the deceased as per post-mortem report was 40 years and therefore, the MACT ought to have applied multiplier 16 instead of multiplier 15 for the purpose of assessing the loss of dependency. It was also contended by learned counsel for the appellants that the compensation awarded under the conventional heads, such as, loss of consortjum, loss of dependency and funeral expenses is on lower side. It was also contended that the MACT is not justified in not awarding any compensation towards loss of love and affection, particularly because, the deceased has left behind him a minor female child. We find considerable force in the contentions ofthe tearned counsel forthe appellants. (2). Amongst the pioces of evidence that were produced before the MACT with regard to the age of tfie deceased, the only acceptable piece of evidence is the post-mortem report as per which the age of the deceased is shown as 40 years. If the age of the deceased was 40 as on the date of the accident, appropriate multiplier to be applied for assessment of loss of dependency is 16 and not 15. Ifwe appiy multipljer 16, total loss of dependency would come to Rs.4,07,808/-. We accordingly award a sum of Rs.4,07,808/- towards loss of dependency as against Rs.3,82,B20/-awarded by the MACT. As quite often held and reiterated by us in recent Juctgments that even compensation payable under the conventional heads should reflect the point of time and place of the accident and it cannot not be static for all tiie times, particularly, having regard to the drastic steep fall in the money vatue. In that view of the matter, we award Rs.20,000/- towards loss of consortium, Rs.20,000/- towards loss of estate, Rs.20,000/- towards loss of love and affection to the minor female child and Rs.5,000/- towards funeral expenses. ^b^ ^ -.3- ./' Y- ' C-J- (3) In the result and for the foregoing reasons, we allow the appeal in part and award total compensation of Rs.4,72,808/- under the fojlowing heads: Loss of dependency Loss of consortium Loss of estate Loss of love and affection Funeral expenses Total Rs.4,07,808/- Rs. 20.000/- Rs. 20,000/- Rs. 20,000/- Rs. 5.000/- Rs.4,72,808 with interest @ 7% per annum from the date of the claim petition tilj payment. The Insurance Company shall deposit the balance compensation money within six weeks from today before the MACT. On such deposit being made, the MACT shall disburse/invest the compensation money in the same proportions as specified by it in the impugned award. In the facts and circumstence of the case, Itie parties shall bear their respectjve costs in tfiis appeal. Sd/- Chief Justice Sd/- SATISHK.AGNIHOTW Judge