1 CGHC010200902026 2026:CGHC:30594 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1475 of 2026 1 - Smt Anita Khadiya W/o Late Shivcharan Khadiya Aged About 23 Years R/o Village Dhelwadih, Chowki Manikpur, Korba , District- Korba (C.G.) 2 - Smt. Laxmi Bai W/o Shri Sukdev Singh (Died) Aged About 54 Years R/o Village Dhelwadih, Chowki Manikpur, Korba , District- Korba (C.G.) 3 - Sukdev Singh S/o Late Tikail Ram Aged About 56 Years R/o Village Dhelwadih, Chowki Manikpur, Korba , District- Korba (C.G.) ... Appellants versus 1 - Krishna Kumar Patel S/o Late Shantilal Patel Aged About 29 Years R/o Songudha, Police Station Nagarda District- Sakti (C.G.) (Vehicle Driver) 2 - Jagdev Prasad Patel S/o Darasram Patel Aged About 33 Years R/o Village Songudha, Police Station Nagarda, District- Sakti (C.G.) )owner Of Engine No. C.G. -11- B M- 2723) 3 - Premlal Chandrakar S/o Chatur Singh Chandrakar R/o Dadarkhurd Gidhauri P.S. Ura, District- Korba (C.G.) (Owner Of Trolley No. C.G. -12- F – 2381) 4 - The Branch Manager, Magma H D I General Insurance Company Limited, First Floor, Indira Tower Vyapar Vihar Road, Bilaspur, District- Bilaspur (C.G.) (Insurer Of Engine No. No. C G - 11- B M- 2723 ) 5 - Branch Manager, Ifco Tokyo General Insurance Company Limited, Address A- 3 Building Second Floor, Above Indsund, Bank, Vyapar Vihar, Bilaspur, District- Bilaspur (C.G.) (Insurer Of Trolley No. C G- 12- F- 2381) ... Respondent(s) VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.07.22 10:59:12 +0530 2 For Appellants : Mr. Krishna Kumar Dewangan, Advocate For Respondent(s) : None. Hon'ble Shri Justice Sanjay Kumar Jaiswal, J. Order on Board (20.07.2026) 1. Heard on I.A. No.01 of 2026, application for condonation of delay. 2. For the reasons mentioned in the application, the same is allowed. 3. Also heard on admission. 4. This is the claimants’ appeal for enhancement against the award dated 04.02.2026 passed by the learned Motor Accident Claims Tribunal, (FTC), Korba, District Korba (C.G.) in Motor Accident claim case No.131/2024 whereby a compensation amount of Rs.23,36,208/- has been awarded in favour of the claimants. 5. Learned counsel for the appellant submits that the Tribunal committed an error in taking the income of the deceased as Rs. 10,688/- per month based on the minimum wages of an unskilled labourer for the year 2024. According to the appellant, the deceased Shivcharan Khadiya was a Rajmistri and was earning Rs.500/- per day i.e. Rs. 15,000/- per month. Hence, the income should have been assessed for semi-skilled labour. On this ground, it is prayed that the compensation awarded by the Tribunal be suitably enhanced. 3 6. I have heard learned counsel appearing for the appellant and perused the record of the Tribunal including award impugned. 7. After scrutinising the evidence, the Tribunal held that the accident was caused by the rash and negligent driving of Tractor and Trolly bearing Registration No.CG-11-BM-2723 and No.CG- 12-F-2381 respectively by its driver, Krishna Kumar Patel- respondent No.1, Tractor owned by Jagdev Prasad Patel – respondent No.2 and Trolly owned by Premlal Chandrakar – Respondent No.3 herein; The deceased, Shivcharan Khadiya, who was riding a motorcycle No.CG-12-BN-1804 sustained grievous injuries in the said accident and died. The claimants claimed that the deceased was a Rajmistri and was earning Rs. 500/- per day, but failed to produce any documentary evidence. Hence, the Tribunal, considering the age of the deceased as 24 years as per postmortem report Ex.P-7, assessed the income of the deceased at Rs. 10,688/- per month as per the minimum wages for an unskilled labourer on the date of accident i.e. 31.10.2024. Accordingly, the Tribunal has awarded compensation to the claimants as under: Sl. No. Heads Compensation 01 Annual income of the deceased (10,688) =Rs.1,28,256/- 02 After adding 40% i.e. Rs. 51,302/- towards future prospect annual income of the deceased Rs. (1,28,256+51,302) =Rs. 1,79,558/- 03 Loss of future income of the deceased after deduction of 1/3rd i.e. Rs. =Rs. 1,19,706/- 4 59,852/- for personal expenses (Rs. 1,79,558-59,852) 04 Total loss of dependency after applying multiplier of 18 (1,19,706x18) =Rs. 21,54,708/- 05 Towards funeral expenses Rs.18,150/- 06 Towards loss of estate Rs. 18,150/- 07 Towards Spousal consortium to Appellant No.1 (wife of the deceased) Rs. 48,400/- 08 Towards loss of love and affection of the son to claimants No.2 & 3 (48400x2) (mother and father of the deceased) Rs. 96,800/- Total Rs. 23,36,208/- 8. On a careful consideration of the material on record, it is apparent that no documentary evidence is available to hold that the deceased was a skilled or semi-skilled labourer. As such, this Court finds that the Tribunal has properly appreciated the evidence and the compensation awarded is just and reasonable. There is no infirmity in the impugned award warranting interference. 9. Accordingly, the appeal of the appellant is hereby dismissed at the admission stage. Sd/- (Sanjay Kumar Jaiswal) Judge Vaishali