1 CGHC010276362026 2026:CGHC:31919 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1695 of 2026 1. Smt. Shanti Wd/o Late Ramanuj Aged About 63 Years R/o Ayodhyapuri, P.S. Darri, District Korba (C.G.) 2. Maheshwari Deksena D/o Late Ramanuj Aged About 30 Years R/o Ayodhyapuri, P.S. Darri, District Korba (C.G.) ... Appellants versus 1. Yogesh Kumar Sai S/o Shivnarayn Sai Aged About 29 Years R/o Govt. Quarter No. M.I.G. 1/136, Pandit Ravishankar Shukla Chowk Manikpur, P.S. Kotwali Korba, District Korba (C.G.) (Driver) 2. Shivnarayn Sai R/o Govt. Quarter No. M.I.G. 1/136, Pandit Ravishankar Shukla Chowk Manikpur, P.S. Kotwali Korba, District Korba (C.G.) (Owner) 3. The New India Insurance Co. Ltd. Through Legal Officer Branch Office Sada Complex, T.P. Nagar, Korba, District Korba (C.G.) ... Respondent(s) For Appellants : Mr. P. K. Tulsyan, Advocate For Respondent : -- Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board BHOLA NATH KHATAI Digitally signed by BHOLA NATH KHATAI Date: 2026.07.27 15:48:05 +0530 2 (27.07.2026) 1. Heard on admission. 2. This appeal under Section 173 (1) of the Motor Vehicles Act, 1988 (for short the "Act of 1988") has been preferred by the appellants/claimants seeking enhancement of the amount of compensation, challenging the impugned award dated 28.04.2026, passed in Motor Accident Claim Case No.126/2024, whereby the Claims Tribunal has awarded a total sum of Rs.6,97,788/- as compensation for the death of Ramanuj, who died in a road accident that took place on 31.10.2024. 3. Learned counsel appearing for the appellants/claimants submits that the Tribunal has committed a manifest error in assessing the monthly income of the deceased at Rs.10,948/- whereas the deceased was earning a monthly income of ₹18,000/- from running a general store. It is, therefore, prayed that the impugned award be modified by suitably enhancing the compensation awarded by the learned Tribunal. 4. I have heard learned counsel for the appellants and perused the entire record with due care and circumspection. 5. The accident occurred on 31.10.2024 and at that time the deceased was approximately 65 years of age. Though it has been pleaded that the deceased was earning Rs.18,000/- per month from running a general store, no documentary evidence has been adduced to substantiate the said assertion. In the absence of any reliable evidence regarding the actual income of the deceased, learned Tribunal assessed his monthly income at Rs.10,948/- on the basis of the prevailing minimum wages on the date of the accident. Accordingly, this 3 Court finds no infirmity or illegality in the assessment of the monthly income of the deceased by the Tribunal. 6. Thus, considering the date of the accident, the age of the deceased, the number of dependants, and the principles laid down by the Hon'ble Supreme Court in National Insurance Company Ltd. V. Pranay Sethi1, Sarla Verma & Ors. Vs. Delhi Transport Corporation & Ors2 and Magma General Insurance Co. Ltd. v. Nanu Ram @ Chuhru Ram & Ors3, this Court is of the considered opinion that the compensation awarded by the Claims Tribunal is just, fair and reasonable and does not warrant any interference. 7. Accordingly, the appeal being devoid of merit is hereby dismissed at admission stage. 8. No order as to costs. Sd/- (Sanjay Kumar Jaiswal) Judge Khatai 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130