1 CGHC010065142024 2026:CGHC:28634 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 448 of 2024 1 - Ashok Kumar Kashyap S/o Dhaniram Kashyap, Aged About 45 Years R/o Santoshi, Mandir, Torwa, P.S. Torwa, Tahsil And District Bilaspur Chhattisgarh. ... Appellant versus 1 - Gunwa Ram S/o Parasram Sahu Aged About 32 Years R/o Village Kapandad, Banglapara, P.S. Pandariya, District Kawardha, Chhattisgarh Presently Address Village Khamtarai, Infront Of Bagdai Mandir, Ps. Sarkanda District Bilaspur Chhattisgarh. (Driver Of Offending Vehicle Tractor Bearing Registration No. C.G. 10-A.D.- 4628) 2 - Santosh Verma, S/o Amrit Lal Verma, R/o Near Pani Tanki, Bilaspur Ps. Sarkanda Bilaspur Chhattisgarh (Owner Of Offending Vehicle Tractor Bearing Registration No. C.G. 10-A.D.-4628) 3 - Branch Manager, Kotak Mahindra Kotak Mahindra General Insurance Company Ltd. Branch Office Vyapar Vihar Road, Second Floor, B-Hall, Ghanshyam Chamber, P.S. Civil Line, Tahsil And District Bilaspur Chhattisgarh. (Insurer Of Offending Vehicle Tractor Bearing Registration No. C.G. 10-A.D.-4628) ... Respondents For Appellant : Mr. Om Prakash Sahu, Advocate. For Respondents : None. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board (09.07.2026) Digitally signed by HEERA LAL SAHU Date: 2026.07.10 17:44:00 +0530 2 1. Heard on I.A. No. 01/2024, application for condonation of delay. 2. Upon due consideration and for the reasons mentioned in the application, I.A. No. 01/2024 is allowed and delay of 16 days in filing the instant appeal is condoned. 3. Also heard on admission. 4. This is the claimant’s appeal for enhancement against the award dated 07.11.2023 passed by 1st Additional Motor Accident Claims Tribunal, District – Bilaspur (C.G.) in Motor Accident claim case No.148/2020 whereby a compensation amount of Rs. 1,80,735/- has been awarded in favour of the claimant. 5. The Tribunal, on a close scrutiny of the evidence, held that the accident had occurred due to the rash and negligent driving of the tractor bearing registration No. CG-10-AD-4628 by its driver, Gunwa Ram – respondent No.1 owned by Santosh Verma – respondent No. 2 and insured by Insurance company/respondent No.3 herein; appellant Ashok Kumar Kashyap sustained grievous injuries in the accident dated 10.11.2019. The Tribunal found that appellant Deepak Tiwari suffered grievous injuries with a left leg fracture in the accident and was hospitalised for 10 days (from 31/05/2019 to 06/06/2019). It was found that permanent disability was not proved due to a lack of medical evidence. The claims for future loss of income and future medical expenses were rejected for lack of proof. Accordingly, the Tribunal found that the appellant is entitled to total compensation of Rs. 1,80,735/- as under:- Heads Compensation Amount Towards treatment of injuries 79,135/- Towards transportation 15,000/- Towards special diet 5,000/- Towards loss of income for 6 months 51,600/- Towards attendant 5,000/- Towards Physical and Mental pain 25,000/- Total 1,80,735/- 3 6. Learned counsel appearing for the appellant submits that the income assessed regarding the loss of income was based on the wages of an unskilled worker, whereas it should have been based on those of a skilled worker. As such, the awarded compensation is liable to be enhanced suitably. 7. On a careful consideration of the material on record, there is no document on record to hold the appellant as a skilled worker; therefore, the argument raised by the counsel for the appellant is not reliable. As such, this Court finds that the Tribunal has properly appreciated the evidence and the compensation awarded is just and proper. There is no infirmity in the impugned award warranting interference. 8. Accordingly, the appeal of the appellant is hereby dismissed at the admission stage. Sd/- Sanjay Kumar Jaiswal Judge H.L. Sahu