1 CGHC010147442026 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1075 of 2026 1 - Bhojali Bai Yadav W/o- Santosh Yadav, Aged About 49 Years Residence Of Yadav Nagar Tifra , Police Station Sirgitti, Tehsil And District-Bilaspur (C.G.) (Mother Of Deceased) (Claimant) 2 - Santosh Yadav S/o- Balistar Yadav, Aged About 51 Years Residence Of Yadav Nagar Tifra , Police Station Sirgitti, Tehsil And District-Bilaspur (C.G.) (Father Of Deceased) (Claimant) ... Appellants versus 1 - Swapnil Borkute S/o- Pudli K Rao Borkute, Aged About 36 Years R/o- Village Kandhali, Tehsil Samundarpur (Samunda), District- Wardha, Maharashtra, (Driver And Registered Owner Of Trailer Vehicle No. Mh 40 Cd 4834) (Non- Applicant) 2 - Magma Hdi General Insurance Co. Ltd, Through Brach Manager, Branch- 1st Floor Indira Tower Vyapar Vihar Road Bilaspur, Tehsil And District- Bilaspur (C.G.) (Insurance Company Trailer Vehicle No. Mh 40 Cd 4834) (Non- Applicant) --- Respondent(s) For Appellants/Claimants : Ms. Gurprit Kour Bhatia, Advocate For Respondents : not noticed SHUBHAM SINGH RAGHUVANSHI Digitally signed by SHUBHAM SINGH RAGHUVANSHI Date: 2026.07.13 11:58:44 +0530 2 Hon'ble Shri Justice Sanjay Kumar Jaiswal Judgment on Board (09.07.2026) 1. Heard on admission. 2. This appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 by the appellants/claimants for enhancement against the award dated 13.11.2025 passed by learned 5th Additional Motor Accident Claims Tribunal, Bilaspur (C.G.), in Claim Case No. 27/2024, whereby compensation of Rs.16,60,220/- with interest @ 9% per annum, in favour of the appellants was awarded. 3. The gist of the claim before the Tribunal, in brief, was that on 09.12.2023, the accident occurred at the under- construction house of Sitaram Sharma/Lakshmi Vastralaya. The driver of vehicle Truck No. MH 40 CD 4834, which was loaded with heavy material i.e. Italian stone, parked the truck negligently on wet ground. While unloading the stones from the said truck, the driver of the said vehicle suddenly moved the vehicle forward without giving any kind of information and without blowing the horn. Due to this, the stones loaded in the said vehicle fell upon Yogesh Yadav (now deceased) and other persons. As a result of being crushed under the said stones, the deceased of the case and Sharad Chandra Yadav were trapped. The deceased sustained extremely serious and fatal injuries on his head and various other parts of the body. In this manner, the accident was caused due to the rash and negligent act of Respondent No. 1. As a result of these injuries, the deceased of the case and Sharad Chandra Yadav died. A report of the accident was lodged at Police Station Shivri Narayan, District Janjgir-Champa [C.G.], and 3 Crime was registered. 4. The learned Tribunal, after considering the evidence and documents available on record, assessed the income of the deceased to be Rs. 10,100/- per month. Added 40% future prospects. Considered the fact that the claimants are the mother and father of the deceased, 1/2 of the income was deducted towards personal expenses. Considered the age of the deceased as 22 years, multiplier of 18 was applied. Further, a total amount of Rs. 1,33,100/- has been awarded under other heads. Accordingly, the total compensation of Rs. 16,60,220 has been awarded by the Claims Tribunal in favour of the claimants with interest @ 9% per annum against respondent No.2/insurance company, from the date of application. Hence, the appeal is for enhancement. 5. As regards the income of the deceased, the learned Counsel appearing for the Appellants/Claimants submitted that the income assessed by the Claims Tribunal was on the lower side. It was pleaded by the claimants that the deceased was earning Rs. 15,000/- per month from the work of mason and agriculture. However, no documentary evidence in support thereof was produced. 6. The Claims Tribunal, keeping in view the nature of occupation, the date of accident i.e. 09.12.2023, the wage structure prevailing on the date of accident, price index, cost of living, and the notification issued by the Labour Department regarding minimum wages, assessed the income of the deceased at Rs. 10,100/-. In the considered opinion of this Court, the said assessment is just and proper and calls for no interference. 4 7. In view of the above, the contention of the learned Counsel for the Appellant that the Tribunal has assessed a lesser income of the deceased is not acceptable. 8. Accordingly, the appeal filed by the appellants/claimants being devoid of merit is hereby dismissed at motion stage itself. Sd/- (Sanjay Kumar Jaiswal) Judge -Shubham