1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 195 of 2024 1 - Smt. Chandrabhaga Dhuri W/o Kumar Dhuri Aged About 46 Years R/o Village Pausara, Thana Koni, Tahsil And District Bilaspur (Chhattisgarh) 2 - Kumar Dhuri S/o Ramlal Dhuri Aged About 49 Years R/o Village Pausara, Thana Koni, Tahsil And District Bilaspur (Chhattisgarh) ... Appellants versus 1 - Rathram Kenwat S/o Rohit Kenwat Aged About 23 Years Occupation Driver, R/o Village Banahil Thana Akaltara, Tahsil Akaltara, District Janjgir Champa (C.G.) (Driver Of The Offending Vehicle Haiwa No. Cg 10 R 1053) 2 - Chandan Kumar Prajapati S/o Raju Prajapati Aged About 25 Years Occupation Transporter, R/o Village Kirari, Thana Akaltara, District Janjgir Champa (C.G.) (Owner Of The Offending Vehicle Haiwa No. Cg 10 R 1053) 3 - The New India Insurance Company Limited Through Branch Manager, Branch Office, Rama Trade Center, In Front Of Rajeev Plaza, Old Bus Stand Bilaspur, Tahsil And District Bilaspur (C.G.) (Insurer Of The Offending Vehicle Haiwa No. Cg 10 R 1053) ... Respondent(s) For Appellants : Mr. Arjun Lal Singroul, Advocate For Respondent Nos. 1 & 2 : Mr. Shailesh Puriya, Advocate For Respondent No.3 : Mr. Akash Shrivastava on behalf of Mr. Anil Gulati, Advocate Hon'ble Shri Justice Sachin Singh Rajput, Order on Board 28.08.2025 1) This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short, “the MV Act”) has been preferred by the appellants/claimants against the award dated 30.11.2023 passed in Claim Case No. 1135/2021 by the learned 2nd Additional Motor Accident Claims Tribunal, Bilaspur, District Bilaspur (C.G.) (for short, “the Tribunal”). By the impugned award, against a claim of Rs. 22,46,000/-, the learned Tribunal has awarded a sum of Rs. 14,75,752/- in favour of the appellants/claimants HIFZURRAHMAN ANSARI Digitally signed by HIFZURRAHMAN ANSARI Date: 2025.09.02 15:00:40 +0530 2 as compensation on account of the death of Ravi Dhuri, in an unfortunate accident which occurred on 19.11.2020, caused by the rash and negligent driving of respondent No. 1, the driver of the offending vehicle, namely Hywa bearing registration No. CG-10-R-1053, owned by respondent No. 2 and insured with respondent No. 3/insurance company. 2) As per the pleadings, the deceased was a skilled driver and was earning Rs. 12,000/- per month. Accordingly, the aforesaid compensation was claimed. 3) The claim application was contested by the respondents by filing their respective written statements, wherein the averments made in the claim application were denied. The insurance company further raised the plea that there was a violation of the terms and conditions of the insurance policy, and therefore, it was not liable to pay compensation. It was also contended that the claim was exaggerated. 4) On the basis of the aforesaid pleadings, the learned Tribunal framed the issues, which were decided in favour of the appellants/claimants, holding the respondents liable to pay the awarded compensation. 5) Learned counsel for the appellants submits that the present appeal is confined only to the ground relating to the income of the deceased. He contends that the deceased was a skilled driver and was earning Rs. 12,000/- per month; therefore, the compensation deserves to be enhanced. 6) Per contra, learned counsel for the respondents submits that except for an oral assertion, no documentary evidence was adduced to establish the income of the deceased. It is further submitted that no driving licence was produced on record to prove that the deceased was a skilled driver. The learned Tribunal has rightly assessed the monthly income of the deceased on the basis of minimum wages, which does not warrant any interference by this Court. 7) Heard the learned counsel for the parties and perused the record. 8) The contention of learned counsel for the appellants is that the deceased was a skilled driver and was earning Rs. 12,000/- per months. Barring the oral statement, there is 3 no evidence available on record to substantiate this fact. Even the driving license of the deceased was not on record to through some light that he was a skilled driver. 9) Even otherwise the learned Tribunal has observed that in paragraph No. 35 of the impugned award relying upon of the notification of the labour department for minimum wages of unskilled labour form 01.10.2022 to 30.03.2021 assessed the notional income of the deceased to Rs. 8,960/-. Thereafter, the learned tribunal has also added 40% future prospect and further awarded compensation on other admissible heads in light of the judgment of Hon’ble Supreme Court in the matter of National Insurance Company Ltd. V. Pranay Sethi and others; (2017) 16 SCC 680, Sarla Verma & Ors. Vs. Delhi Transport Corporation & Ors; (2009) 6 SCC 121 and Magma General Insurance Co. Ltd. v. Nanu Ram @ Chuhru Ram & Ors; (2018) 18 SCC 130. 10) The finding recorded by the learned tribunal does not appear perverse and contrary to the evidence and appears to be just compensation in the facts and circumstances of the case. Therefore, appeal has no merit and is hereby dismissed. Sd/- (Sachin Singh Rajput) Judge H.Ansari