® HIQHCOUm'QEJUDjCATUBECHHAHSSGARH : BSLASPUR {Di^SiON BENCH) Hon'ble Shri S.R. Nayak, CJ Hon'bte Shri Satish K. Agnihotri, J. APPELLANTS Misc. Appeal No. 799 OF 2005 1. 2. 3. Versus 2. Smt. Jalapa Bai, W/o Late Pusau, aged 36 years. Kunwar Singh, S/o Gaindi, aged 60 years (since dead) Ku. Jai Kumari D/o Late Pusau, aged 14years, through her mother - Jalapa Bai All R/o. Viilage - Uslapur, P.S. Chakarbhata, Distt. Bilaspur (C.G.) Manish Pandey, S/o Mathura Prasad Pandey, R/o Main Road, Torwa, Bilaspur, Near City Photo Studio, Bilaspur, Distt. Bilaspur (C.G.) (Truck owner C.G.10A- 3433) Abdul Rasid Khan, S/o Abdu! Samad Khan, R/o Tilaknagar, Him Mines, Behind Dubey S.T.D. Tah. Belha, Distt. Bilaspur(C.G.), presently R/o Chatterjee Gali, Sarkanda, Bilaspur (C.G.) fTruck Driver C.G. 10A 3433) Branch Manager, Oriental Insurance Company Ltd., Bilaspur, Distt. Bilaspur (C.G.) Preserft; Shri Indrasen Satiu, learned counsel for the appeilants. Shir Ali Asgar, learned counsel assisting Shri Prashant Jayas'jvai, leamed Sr. Advocate for the fnsurance Company/ respondent No.3. --2. (^ ORAL ORDER V.- -^i (Passedon7l" of December2005) The following Order of the Court was passed by S.R. Nayak, CJ: This is an appeal by the claimants in a death case seeking more compensation. The only contention urged by the tearned counsel for the appellants is that having regard to the age of the deceased on the date of accident, the Tribunal ought to have applied muitiplier 16 instead of 15. It is pointed out that on the date of death, the deceased was aged 40 years and fhat is also the finding recorded by the Tribunal. Therefore, the Tribunal ought to have applied multiplier 16 for the purpose of assessing !oss of dependency. If ws apply multiplier 16, !oss of dependency would be Rs. 2,57,400/-. In that viewof the matter we award a sum of Rs. 2,57,400/- under the head of loss of dependency as against Rs. 2,40.120/- awarded by the MACT. The impugned award shall stand modified accordingty. In all other respecte, the impugned award shall remain unaltered. There shali be no order as to costs. The appeai is allowed to the extent indicated above. Sd/- Cbief Jiistice Sd/- Satish K. Agnihotri Judge S-lbtt