1 CGHC010072412022 2026:CGHC:28979 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 377 of 2022 1 - Smt. Mati Bai Kaivart W/o Late Ramesh Kaivart Aged About 45 Years R/o Village Halka No. 36, Dheka Darrighat, District Bilaspur, Chhattisgarh. 2 - Balram Kaivart S/o Late Ramesh Kaivart Aged About 19 Years R/o Village Halka No. 36, Dheka Darrighat, District Bilaspur, Chhattisgarh. 3 - Ku. Ranjani Kaivart D/o Late Ramesh Kaivart Aged About 16 Years Apellant No. 3 Are Minor Through Legal Guardiaon Mother Smt. Mati Bai, R/o Village Halka No. 36, Dheka Darrighat, District Bilaspur, Chhattisgarh. ... Appellants versus 1 - Manglanandanam Ramankutty S/o Ramankutty Aged About 52 Years R/o B 45, Sagar Homes Sakari, Thana Sakari, District Bilaspur, Chhattisgarh (Owner Cum Driver Of The Offending Vehicle Maruti Alto Car No. 10 C.G. F 4203). 2 - Iffco Tokio General Insurance Company Limited, Through Branch Manager, Galaxy Heights In Front Of I.C.I.C.I.C. Bank Bank Byapar Vihar Bilaspur, District Bilaspur, Chhattisgarh (Insurer Of The Offending Vehicle Maruti Alto Car No. 10 C.G. F 4203). ... Respondents For Appellants : Ms. Shaleeni Jangde, Adv. on behalf of Mr. A.L. Singroul, Adv. For Respondents : None. 2 Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board (10.07.2026) 1. This is the claimants’ appeal under Section 173 of M.V. Act against the award dated 21.12.2021 passed by the 8th Additional Motor Accident Claims Tribunal, Bilaspur (C.G.) in Motor Accident Claim Case No.1124/2019 whereby a compensation amount of Rs. 10,07,648/- has been awarded in favour of the claimants. 2. As against the compensation of Rs. 40,20,000/- claimed by the claimants/appellants by filing claim application under Section 166 of the Motor Vehicles Act, 1988 (for short ‘the Act’) for death of Ramesh Kaivart in the motor accident on 21.09.2019, the Tribunal, on a close scrutiny of the evidence, held that the accident had occurred due to rash and negligent driving of car bearing registration No. CG-10-F-4203 by its owner-cum-driver Manglanandanam Ramankutty – respondent No.1, insured by respondent No. 2/insurance company herein; deceased Ramesh Kaivart sustained injuries on his body in the accident and died; the tribunal on the basis of evidence a total sum of Rs. 10,07,648/- has awarded as compensation. Hence, the appeal for enhancement. 3. Learned counsel for the appellants submits that the income of the deceased has been wrongly assessed at Rs. 8,860/- per month, contrary to the evidence produced before the tribunal, as the deceased was working as a mason and was earning Rs. 15,000/- per month. She further submits that the awarded amount on the other heads is also on the lower side. As such, the appeal may be allowed, and the compensation suitably enhanced. 4. No one appeared on behalf of the respondents during final hearing of this case. 5. I have heard learned counsel appearing for the appellants and perused the record of the Tribunal, including award impugned. 6. In the case in hand, before the claims Tribunal, the appellants pleaded that the deceased Ramesh Kaivart was working as a 3 mason and was earning Rs. 15,000/- per month, but no documentary evidence has been produced thereof. Therefore, considering the wage structure on the date of the accident, the income of the deceased was assessed to Rs. 8,860/- per month. At the time of the accident, the deceased was 54 years old, hence 10% future prospect was added and considering the number of dependent persons, i.e. three (wife, daughter and son of the deceased), a 1/3rd deduction for personal expenses would apply. Further, considering the age of the deceased, a multiplier of 11 would be applied and awarding Rs. 1,50,000/- on the other heads, a total compensation of Rs. 10,07,648/- has been calculated and awarded in favour of the claimants. Thus, the finding of the Tribunal is based on the proper appreciation of the oral as well as documentary evidence available on record, in which no interference is required. 7. Accordingly, the appeal of the appellants/claimants is hereby dismissed. Sd/- Sanjay Kumar Jaiswal Judge H.L. Sahu