1. This Civil Ist Miscellaneous Appeal under section 173 of the Motor Vehicles Act filed by the Insurer New India Assurance Company, is directed against the award/ judgment dated 10-10-2003 passed by the Motor Accident Claims Tribunal, Jammu in File No. 211/ Claims titled Devi Dass Vs Ranjit Singh Manhas and others.

2. For the death of Sh Mela Ram, an un-married farmer in a Motor Vehicle accident, nephew of the deceased, namely, Devi Dass respondent filed a claim petition under section 166 of the Motor Vehicles Act for claiming compensation before the Motor Accident Claims Tribunal, Jammu against the appellant insurer as well as against the owner and driver of the vehicle involved in the accident.

3. Learned Tribunal by accepting the monthly income of the deceased at Rs 1200/- per month, after deducting 1/3rd amount as personal expenses of deceased by order dated 10-10-2003 assessed the loss of dependency at Rs 1,87, 200/- by adopting the multiplier of 13 in view of the age of the deceased taken as 45 years at the time of his death. The Tribunal while determining the compensation at the said loss of dependency also allowed an amount of Rs 5000/- towards funeral expenses. Before the T

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