1 MAC No. 1052 of 2023 2025:CGHC:58858 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1052 of 2023  Aytu Vetti S/o. Late Shri Bhursu Vetti, Aged About 62 Years R/o. Patelpara, Burugpal, Police Station Kodenar, District Bastar Chhattisgarh. ... Appellant versus 1.Sonadhar Kashyap S/o. Mosu Kashyap, Aged About 37 Years (vehicle driver), R/o. Alva Loharpara, Police Station Kodenagar District Bastar Chhattisgarh. 2.Ranbir Singh, S/o. Jagnarayan Singh, Aged About 36 Years, R/o. Madiyapara, Lokmanya Tilak Ward No. 37, Jagdalpur, District Bastar Chhattisgarh. Pincode 494001. (Vehicle Owner). 3.Branch Manager, United India Insurance Company Limited, Anupama Chowk, Chitrakot Road, Jagdalpur District Bastar Chhattisgarh. 494001. ... Respondents For Appellant :- Mr.Shikhar Shukla, Advocate. For Respondent No.3 :- Ms. Swati Agrawal, Advocate, on behalf of Mr. Pankaj Agrawal, Advocate. ANKIT KUMAR SINGH Digitally signed by ANKIT KUMAR SINGH Date: 2025.12.05 10:59:55 +0530 2 MAC No. 1052 of 2023 SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 04.12.2025 1.This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short “Act of 1988”) has been preferred by the appellant/claimant seeking enhancement in the amount of compensation, challenging the impugned award dated 20.12.2022 passed by the 1st Additional Motor Accident Claims Tribunal, Jagdalpur, District Bastar, Chhattisgarh (for short “Claims Tribunal”) in Claim Case No. 184/2021 whereby learned Claims Tribunal has awarded a sum of 14,37,800/- ₹ as compensation along with interest for death of Kumari Lalita Vetti. 2.Mr. Shikhar Shukla, learned counsel for the appellant, would submit that learned Claims Tribunal has erred in awarding less amount of compensation in the facts of the case. He would also submit that the Claims Tribunal erred in assessing income of deceased as 9,000/- per month which should be 10,000/- ₹ ₹ 3 MAC No. 1052 of 2023 and, therefore, the instant appeal be allowed and the compensation awarded by the Claims Tribunal may suitably be enhanced. 3.Ms. Swati Agrawal, learned counsel for the Insurance Company/respondent No.3, would submit that the appellant has failed to prove nature of occupation and income of deceased by producing clinching and admissible piece of evidence and the Tribunal is justified in assessing income of deceased on notional basis which is itself in higher side. The amount of compensation awarded by the Claims Tribunal is just and proper which does not call for any interference. 4.I have heard learned counsel for the parties, considered their rival submissions made herein- above and gone through the records meticulously. 5.A careful perusal of the impugned award would show that the Claims Tribunal has assessed the monthly income of the deceased to be 9,000/-. ₹ 4 MAC No. 1052 of 2023 On the date of incident i.e. 16.02.2021, as per the Chhattisgarh Minimum Wages Notification, issued by the office of Labour Commissioner, Chhattisgarh, the monthly income of the deceased would be 8,960/-, however the Claims ₹ Tribunal has assessed the monthly income of the deceased, who was an unskilled person, to be ₹9,000/- which is more than notional income of the unskilled labour. In view of the above, I do not find any merit in the instant appeal, accordingly, it is dismissed. No order as to cost(s). Sd/- (Sanjay K. Agrawal) Judge Ankit