1 CGHC010283642026 2026:CGHC:32558 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1758 of 2026 1. Ramkumari Patel Wife Of Late Shri Suresh Kumar Patel, Aged About 30 Years Resident Of C/o. House Of Mansingh, Suchitra Vihar Mangla, P. S. Civil Line, Tahsil Bilaspur District Bilaspur Chhattisgarh 2. Kartike Patel, Son Of Late Shri Suresh Kumar Patel, Aged About 7 Years Minor Through Legal Natural Guardian Mother Ramkumari, Aged About 30 Years, Wife Of Late Shri Suresh Kumar Patel, Resident Of C/o. House Of Mansingh, Suchitra Vihar Mangla, P. S. Civil Line, Tahsil Bilaspur District Bilaspur Chhattisgarh 3. Tanuj Kumar Patel, Son Of Late Shri Suresh Kumar Patel, Aged About 10 Years Minor Through Legal Natural Guardian Mother Ramkumari, Aged About 30 Years, Wife Of Late Shri Suresh Kumar Patel, Resident Of C/o. House Of Mansingh, Suchitra Vihar Mangla, P. S. Civil Line, Tahsil Bilaspur District Bilaspur Chhattisgarh 4. Shanti Bai Patel, Wife Of Harishankar Patel, Aged About 56 Years Resident Of C/o. House Of Mansingh, Suchitra Vihar Mangla, P. S. Civil Line, Tahsil Bilaspur District Bilaspur Chhattisgarh 5. Harishankar Patel Son Of Late Laxman Patel, Aged About 58 Years Resident Of C/o. House Of Mansingh, Suchitra BHOLA NATH KHATAI Digitally signed by BHOLA NATH KHATAI Date: 2026.07.30 10:29:09 +0530 2 Vihar Mangla, P. S. Civil Line, Tahsil Bilaspur District Bilaspur Chhattisgarh ... Appellants versus 1. Jagdish Kumar Jaiswal Son Of H. L. Jaiswal, Aged About 52 Years Resident Of Dipka Dev Nagar, Ward No. 06, P. S. Dipka, District Korba Chhattisgarh (Driver Of Offending Vehicle Bus Truck Bearing Registration No. C. G. -11/D B - 0190) 2. Ramesh Tulsyan Son Of Late Nandkishor Tulsyan, Aged About 63 Years Resident Of Ward No. 04, Near Railway Crossing Baloda, Road Akaltara, P. S. Akaltara District Janjgir Champa Chhattisgarh (Owner Of Offending Vehicle Bus Truck Bearing Registration No. C. G. -11/d B -0190) 3. United India Insurance Company Ltd. L. I. C. Building First Floor, Magarpara Road, District Bilaspur Chhattisgarh (Insurer Of Offending Vehicle Bus Truck Bearing Registration No. C. G. -11/D B -0190) ... Respondent(s) For Appellants : Mr. Ravipal Maheshwari, Advocate For Respondents : -- Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board (29.07.2026) 1. Heard on admission. 2. This appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the appellants/claimants seeking enhancement of the amount of compensation, challenging the impugned award dated 21.04.2026, passed by the 12th Additional Motor Accident Claims Tribunal, Bilaspur, in Motor 3 Accident Claim Case No.348/2024, whereby the Claims Tribunal has awarded a total sum of Rs.24,64,882/- as compensation for the death of Suresh Kumar Patel, who died in a road accident that took place on 22.09.2023. 3. Learned counsel for the appellants submits that the Tribunal has committed a manifest error in assessing the monthly income of the deceased at Rs.9,960/-, whereas the deceased was working as a mechanic of electric auto-rickshaws and was earning Rs.20,000/- per month. It is further contended that the Tribunal has erroneously assessed the age of the deceased as 31 years, though he was about 30 years of age at the time of the accident. It is also argued that the compensation awarded towards medical expenses is inadequate and deserves suitable enhancement. On these grounds, it is prayed that the impugned award be modified by enhancing the amount of compensation. 4. I have heard learned counsel for the appellants and perused the entire record with due care and circumspection. 5. The accident took place on 22.09.2023. Although it has been pleaded that the deceased was employed as a mechanic of electric auto-rickshaws and was earning Rs.20,000/- per month, no documentary evidence has been adduced to substantiate the said claim. In the absence of any evidence regarding the actual work and income of the deceased, the Tribunal assessed his monthly income at Rs.9,960/- on the basis of the prevailing minimum wages applicable at the relevant time. The said assessment of income is in accordance with settled principles of law, and this Court finds no infirmity or perversity in the same. 6. In paragraph 24 of the impugned award, the Tribunal has 4 recorded a finding that the claimants failed to produce any birth certificate or other authentic document to establish the exact age of the deceased. In the absence of such evidence, the Tribunal rightly relied upon the Aadhaar Card of the deceased, wherein his date of birth is recorded as 08.10.1990, and accordingly assessed his age to be within the age group of 31 to 35 years on the date of the accident. The multiplier and consequential computation of compensation have been determined on the said basis. This Court finds no illegality or error in the aforesaid determination. 7. Insofar as the claim for enhancement of medical expenses is concerned, learned Tribunal has awarded a sum of Rs.1,80,946/- on the basis of the medical bills and documentary evidence adduced by the claimants. No additional material has been placed to demonstrate that the amount awarded under the said head is inadequate. Consequently, no case for enhancement under this head is made out. 8. Upon an overall consideration of the evidence available on record and the findings recorded by the Tribunal, this Court is of the considered opinion that the compensation awarded is just, fair and reasonable and does not warrant any interference. 9. Consequently, finding no merit in the appeal, the same is hereby dismissed at the admission stage. 10. No order as to costs. Sd/- (Sanjay Kumar Jaiswal) Judge Khatai