1 CGHC010349102026 2026:CGHC:40750 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 2096 of 2026 1 - Dhansaay S/o Late Kartik Ram, Aged About 57 Years, R/o Village - Basod Mohalla, Basibaar, P. S. - Pali, Tehsil - Hardibazaar, Dist. - Korba (C.G.). 2 - Ganeshi Bai, W/o Dhansaay, Aged About 55 Years, R/o Village - Basod Mohalla, Basibaar, P. S. - Pali, Tehsil - Hardibazaar, Dist. - Korba (C.G.). ... Appellants versus 1 - Jamuna Prasad S/o Tirith Ram, R/o Village Rajkamma - Madanpur, P. S. - Pali, Dist. - Korba (C.G.) (Driver). 2 - Rajesh Jaiswal, S/o Saagar Jiaswal, C/o- Nohar Das Nahant, S/o - Chamra Das Mahant, Caste - Panika, R/o - Village - Kutelamuda, Tehsil - Pali, Dist. - Korba (C.G.) (Owner Of Vehicle C G 12 B F 5179 C G 12 B F 5179). 3 - Branch Manager, Magma H D I General Insurance Company Limited, Office At 501- 509, 5th Floor, D B City Corporate Park Block No 9, Rajbandhu Maidan, Raipur, Dist. - Raipur (C.G.) (Insurer). ... Respondent(s) For Appellants/Claimants : Mr. Pallav Mishra, Advocate. For Respondents : Not noticed. Hon'ble Shri Justice Sanjay Kumar Jaiswal, J. Order on Board (18.09.2026) 1. Heard on admission. 2. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short the "Act of 1988") has been preferred by the SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2026.09.18 16:08:24 +0530 2 appellants/claimants seeking enhancement of the amount of compensation, challenging the impugned award dated 20.07.2026, passed in Claim Case No. 51/2025, whereby the learned Claims Tribunal has awarded a total sum of Rs.18,22,911/- as compensation for the death of Pramod Kumar, who died in a road accident which took place on 26.10.2024. 3. Learned counsel for the appellant submits that the Tribunal erred in assessing the monthly income of the deceased at 11,176/- on the basis of the minimum wages prescribed for an ₹ unskilled labourer for the year 2024. It is submitted that the deceased, Pramod Kumar, was working as a labourer and was earning 15,000/- per month. Therefore, it is prayed that the ₹ compensation awarded by the Tribunal be suitably enhanced by reassessing the income of the deceased at 15,000/- per month. ₹ 4. I have heard learned counsel appearing for the appellant and perused the record of the Tribunal including award impugned. 5. Upon scrutinizing the evidence on record, the learned Tribunal held that the accident occurred due to the rash and negligent driving of the tractor bearing Registration No. CG-12-BF-5179 by its driver, Jamuna Prasad (respondent No. 1), which was owned by Rajesh Jaiswal (respondent No. 2 herein). In the said accident, the deceased, Pramod Kumar, who was riding a motorcycle, sustained grievous injuries and subsequently succumbed to the injuries sustained in the accident. The claimants pleaded that the deceased was working as a labourer and was earning 15,000/- per month. However, they failed to ₹ produce any documentary evidence in support of the deceased's alleged income. Accordingly, the learned Tribunal, taking into consideration the age of the deceased as 20 years, as established from Ex. P-3, assessed his monthly income at 11,176/- on the ₹ basis of the minimum wages prescribed for an unskilled labourer prevailing on the date of the accident, i.e., 26.10.2024. Further, considering the age of the deceased as 20 years at the time of the accident and the number of dependants/claimants, the learned 3 Tribunal rightly added 40% of the established income towards future prospects. The Tribunal thereafter deducted one-half (1/2) of the income towards the personal and living expenses of the deceased and applied the multiplier of 18. It also awarded a sum of 1,33,100/- under the conventional heads. Accordingly, the ₹ learned Tribunal has awarded compensation to the claimants under the following heads: Sl. No. Heads Compensation 01 Annual income of the deceased (11,176x12) =Rs.1,34,112/- 02 After adding 40% i.e. Rs. 53,644.5/- towards future prospect, annual income of the deceased Rs. (1,34,112+53,644.5) =Rs. 1,87,756.8/- 03 Loss of future income of the deceased after deduction of 1/2 i.e. Rs. 93,878.4/- for personal expenses (Rs. 1,87,756.8-93,878.4) =Rs. 93,878.4/- 04 Total loss of dependency after applying multiplier of 18 (93,878.4 x18) =Rs. 16,89,811/- 05 Towards funeral expenses Rs.18,150/- 06 Towards loss of estate Rs. 18,150/- 07 Towards Parental consortium to both the claimants (48,400x2) Rs. 96,800/- Total Rs. 18,22,911/- 6. Upon careful consideration of the material available on record, it is evident that there is no cogent documentary evidence on record to establish the income of the deceased. In the absence of such evidence, this Court finds that the learned Tribunal has properly appreciated the evidence and assessed the compensation in accordance with the facts and circumstances of the case. The compensation awarded by the learned Tribunal is found to be just and reasonable. No infirmity or illegality is 4 apparent in the impugned award so as to warrant interference by this Court. 7. Accordingly, the appeal of the appellants is hereby dismissed at the admission stage. Sd/- Sanjay Kumar Jaiswal Judge $ourabh