1 CGHC010245162024 2026:CGHC:33154 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1491 of 2024 1. Kranti Sande W/o Bhadri Lal Sande, Aged About 32 Years R/o Village-Jamgahan, Malkharaud, Police Station- Malkharaud, District Janjgir-Champa (C.G.), At Present- Gupta Gali, Tikrapara, Police Station-City Kotwali, Tahsil And District- Bilaspur (C.G.) 2. Aryan Sande S/o Bhadri Lal Sande, Aged About 14 Years Minor Through The Mother (Natural Guardian) Kranti Sande, R/o Village-Jamgahan, Malkharaud, Police Station- Malkharaud, District Janjgir-Champa (C.G.), At Present- Gupta Gali, Tikrapara, Police Station-City Kotwali, Tahsil And District- Bilaspur (C.G.) 3. Ragini Sande D/o Bhadri Lal Sande, Aged About 12 Years Minor Through The Mother (Natural Guardian) Kranti Sande, R/o Village-Jamgahan, Malkharaud, Police Station- Malkharaud, District Janjgir-Champa (C.G.), At Present- Gupta Gali, Tikrapara, Police Station-City Kotwali, Tahsil And District- Bilaspur (C.G.) ... Appellants versus 1. Ashok Kumar Bareth S/o Sitaram Bareth, Aged About 24 Years R/o Ward No. 08, Kargil Chowk, House Of Manmohan Thakur, Gharghoda, District- Raigarh (C.G.), At Present- Bhatripara, Tilai, Tili, District- Janjgir-Champa BHOLA NATH KHATAI Digitally signed by BHOLA NATH KHATAI Date: 2026.08.03 11:52:40 +0530 2 (C.G.) -----(Driver Of The Vehicle Hydra No. C.G.- 13 AT- 0104) 2. Haricharan Yadav S/o Manijar Yadav, Aged About 40 Years R/o Ward No.- 08, Kargil Chowk, Gharghoda, Police Station- Gharghoda, District- Raigarh (C.G.), Other Address- Salihaghat, Saliha, Balodabazar-Bhatapara (C.G.). ----(Owner Of The Vehicle Hydra No. C.G. -13 AT -0104) 3. H.D.F.C. General Insurance Company Limited, Through Branch Manager, Branch Office- Shop No. D/5, City Centre, Talkies Road, Old Bus Stand, Police Station- City Kotwali, Bilaspur (C.G.), Division Office- Chawla Complex, Devendra Nagar Road, Police Station- Devendra Nagar, Raipur, District- Raipur (C.G.). -----(Insurer Of The Vehicle Hydra No. C.G.- 13 AT -0104) ... Respondent(s) For Appellants : Mr. Anand Kesharwani, Advocate For Respondents No.1 & 2 : Mr. Shashank Upadhyay, Advocate For Respondent No.3 : Mr. Sangeet Kumar Kushwaha, Advocate Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board (31.07.2026) 1. Heard on I.A. No.01/2024, an application under section 5 of the Limitation Act. 2. The present appeal has been preferred by the claimants seeking enhancement of the compensation awarded by the Claims Tribunal. 3. Upon due consideration, I.A. No.01/2024 is allowed and the delay of 135 days in filing the appeal stands condoned. 3 4. Heard on admission. 5. This appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the appellants/claimants challenging the award dated 05.12.2023 passed by learned 6th Additional Motor Accident Claims Tribunal, Bilaspur, in Claim Case No.1314/2022, whereby the Tribunal has awarded a total compensation of Rs.1,22,05,646/- on account of the death of Bhadri Lal Sande, who succumbed to the injuries sustained in a motor vehicle accident that occurred on 20.09.2022. 6. Learned counsel appearing for the appellants submits that the Tribunal has committed a manifest error in assessing the monthly income of the deceased at Rs.98,163/-. It is contended that the income of the deceased ought to have been assessed at a higher figure, and consequently, the compensation awarded deserves to be enhanced. On the said ground, it is prayed that the impugned award be modified by suitably enhancing the amount of compensation. 7. Per contra, learned counsel appearing for the respondents support the impugned award and submit that the compensation awarded by the Tribunal is just, fair and reasonable and does not warrant any interference by this Court. 8. I have heard learned counsel for the parties at length and have carefully perused the entire record with due care and circumspection. 9. A perusal of the claim petition reveals that, according to the claimants themselves, the deceased Bhadri Lal Sande was serving as a Professor of Hindi Literature at Government Naveen College, Gharghoda, District Raigarh, and was drawing a monthly salary of approximately Rs.98,000/-. Dr. 4 Yugal Kishore Chandra (AW-2), who was examined as Assistant Professor and Principal-in-Charge of the said college, categorically deposed that the gross monthly salary of the deceased for the month of August, 2022 was Rs.98,163/-. He also produced the salary slip of the deceased for the month of August, 2022 Ex.P-25 which clearly reflects that the gross salary of the deceased was Rs.98,163. Relying upon the said evidence, learned Tribunal assessed the monthly income of the deceased at Rs.98,163/-. This Court does not find any illegality, perversity or material irregularity in the said assessment. Moreover, there is no cogent evidence on record demonstrating that the deceased had any other income than what has been accepted by the learned Tribunal. 10. 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 by the Tribunal is just, fair and reasonable and does not warrant any interference. 11. Consequently, finding no merit in the present appeal, the same deserves to be and is hereby dismissed at the admission stage. 12. No order as to costs. Sd/- (Sanjay Kumar Jaiswal) Judge Khatai