1 CGHC010348842026 2026:CGHC:40828 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 2106 of 2026 Vishal Singh Uikey S/o Tilakdhari Uikey Aged About 49 Years R/o Village Navapara, (Khalpara,) Post Jatga, Presently R/o At Village Podi, P. S. And Tehsil Katghora, District Korba C. G. ... Appellant versus 1 - Kushal Saket S/o Kemla Saket R/o Village Patoha, Post Ramraji, Tehsil Churhat, District Sidhi, -(M. P. ) ------(Driver) 2 - Dilip Keshvani S/o A C. Keshvani, C/o Nitin Roadlines, Kachhari, Chowk Raipur District Raipur C. G. ----(Owner Of Vehicle C.G. 04-L K -7132) 3 - The New India, Insurance Company Limited Through Its Branch Manager Office At T. P. Nagar Korba District Korba C. G. ------(Insurer) ... Respondent(s) For Appellant : Mr. Pallav Mishra, Advocate For Respondents : ------ Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board (18.09.2026) 1. Heard on I.A. No.01/2026, for condonation of delay in filing the appeal. BHOLA NATH KHATAI Digitally signed by BHOLA NATH KHATAI Date: 2026.09.21 10:25:38 +0530 2 2. The present appeal has been preferred by the claimant seeking enhancement of the compensation awarded by the Claims Tribunal. 3. Upon due consideration, I.A. No.01/2026 is allowed and the delay of 141 days in filing the appeal stands condoned. 4. Heard on admission. 5. This appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the appellant/claimant challenging the award dated 08.01.2026 passed by learned 1st Additional Motor Accident Claims Tribunal, Katghora, District Korba (CG) in Motor Accident Claim Case No.164/2023, whereby the Tribunal has awarded a total compensation of Rs.15,29,280/- on account of the death of Babulal Uikey, who succumbed to the injuries sustained in a motor vehicle accident that occurred on 11.10.2023. 6. Learned counsel appearing for the appellant submits that the deceased, Babulal Uike, was working as a hand-pump mechanic and earning 12,000/- per month. However, the ₹ Tribunal has committed an error in not accepting the said claim and, while assessing the income of the deceased, has assessed his monthly income at 10,100/- by treating him as ₹ an unskilled labourer. He, therefore, submits that the compensation awarded by the Tribunal deserves to be suitably enhanced. 7. Heard learned counsel for the appellant and perused the record with due care and circumspection. 8. The Tribunal, while considering the income of the deceased in paragraph 31 of the impugned award, has recorded a finding that although it was claimed by the claimant that the 3 deceased was earning 12,000/- per month by working as a ₹ hand-pump mechanic, no documentary or other cogent evidence was adduced on record to substantiate the said assertion. The accident occurred on 11.10.2023. There is no clinching evidence on record to establish that the deceased was working as a hand-pump mechanic or that he was engaged in any skilled employment. In the absence of any reliable evidence regarding the actual income or nature of employment of the deceased, the Tribunal assessed his monthly income at 10,100/- on the basis of the prevailing ₹ minimum wages applicable on the date of the accident, treating him as an unskilled labourer. Hence, this Court finds no infirmity or illegality in the assessment of the monthly income of the deceased by the Tribunal. 9. 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. 10. Consequently, finding no merit in the present appeal, the same is hereby dismissed at the admission stage. 11. No order as to costs. Sd/- (Sanjay Kumar Jaiswal) Judge Khatai