1 CGHC010307932026 2026:CGHC:36097 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1858 of 2026 Khirdhar Bhoi S/o Bilamb Bhoi Aged About 36 Years R/o Village Kotenmunda Police Station And Tahsil Khariyar District- Nuaapada Orissa ... Appellant versus 1 - Karanjeet Bag S/o Pilababu Bag Aged About 24 Years R/o Village- Phuguda Police Station Belpada District- Balangir, Orissa 2 - Pramod Kumar Mehar S/o Biraj Mehar Aged About 47 Years R/o Village- Phuguda Police Station Belpada District- Balangir Orissa 3 - I F F C O Tokio General Insurance Company Limited Through- Regional Director Branch Office Second Floor M.M. Silver Bhawan Ring Road No.1 Infront Of Udhyog Bhawan Mahavir Nagar, Raipur District- Raipur Chhattisgarh --- Respondent(s) For Appellant/Claimant : Mr. Ravi Kumar Bhagat, Advocate For Respondents : Not noticed Hon'ble Shri Justice Sanjay Kumar Jaiswal Judgment on Board (13.08.2026) 1. Heard on IA No.01/2026 for condonation of delay in filing the appeal barred by 27 days. 2 2. This is the claimant’s appeal for enhancement of the award. For the reasons stated in the application, the same is allowed. Accordingly, the delay of 27 days in filing the appeal is condoned. 3. Heard on admission. 4. This appeal under Section 173 of the Motor Vehicles Act, 1988 [hereinafter referred to as "the Act of 1988"] has been preferred by the appellant/claimant seeking enhancement of compensation, challenging the impugned award dated 04.04.2026 passed in Claim Case No. 1262/2024, whereby the learned Claims Tribunal has awarded a total sum of Rs. 10,87,697/- as compensation for the injuries sustained by appellant Khirdhar Bhoi in a road accident which occurred on 02.01.2023. 5. Learned counsel for the appellant submits that the claimant has suffered 40% permanent disability in the accident, which has also been accepted by the Tribunal. However, the learned Claims Tribunal has erred in assessing the income of the injured/deceased. It is submitted that the injured/deceased was a skilled mason and was earning Rs. 800/- per day. However, the Claims Tribunal has assessed his income at Rs. 9,000/- per month only, which is on the lower side and inadequate. It is, therefore, prayed that the instant appeal be allowed and the compensation awarded by the Tribunal be suitably enhanced. 6. I have heard learned counsel for the Appellant/Claimant, considered his rival submission made herein-above and went through the available material with utmost circumspection. 3 7. The only contention raised by learned counsel for the appellants is with regard to the income of the deceased. It is submitted that the Tribunal has wrongly assessed the income of the deceased at Rs. 9,000/-, whereas she was earning Rs. 24,000/- per month. On perusal of the record, it is found that no documentary evidence has been produced by the claimant to prove the income of the deceased. In the absence of any other material and having regard to the date of accident i.e., 02.01.2023, the learned Tribunal has rightly assessed the income of the deceased at Rs. 9,000/-. Thus, no interference is warranted on this count. 8. In view of the above discussion, I do not find any illegality or infirmity in the impugned award passed by the learned Claims Tribunal. 9. The appeal, being devoid of merit, is hereby dismissed at the admission stage itself. Sd/- (Sanjay Kumar Jaiswal) Judge -Shubham