1 CGHC010369292026 2026:CGHC:42150 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 2195 of 2026 1 - Bharat Lal Patel S/o Gajanand Patel Aged About 36 Years R/o Village Khatiyapati Police Station Balodabazar District Balodabazar Chhattisgarh. -----At Present R/o Sahupara Mowa, Police Station Pandari, Tehsil And District Raipur C.G. 2 - Anita Bai Patel W/o Bharat Lal Patel Aged About 39 Years, R/o Village Khatiyapati Police Station Balodabazar District Balodabazar Chhattisgarh. -----At Present R/o Sahupara Mowa, Police Station Pandari, Tehsil And District Raipur C.G. ... Appellants versus 1 - Rahul Banjare S/o Chhabilal Banjare Aged About 25 Years R/o Satnami Para, Mowa, Police Station Pandari Tehsil And District Raipur Chhattisgarh- 497007.-------(Driver Of Motorcycle Bearing No. CG 04 / MY 4427) 2 - Omkar Bhardwaj S/o Sukhnandan Bhardwaj Aged About 42 Years R/o Satnami Para Mowa, Police Station Pandari Tehsil And District Raipur Chhattisgarh. 497007.-------(Owner Of Motorcycle Bearing No. CG 04, MY 4427.) 3 - Cholamandalam M.S. General Insurance Company Ltd. Through Officer In Charge Cholamandalam M.S. General Insurance Company Ltd, (Behind L I C Building) Pandari, Road Raipur District Raipur Chhattisgrh. ------(Insurance Company Motorcycle Bearing No. CG 04, MY 4427) ... Respondents 2 For Appellants : Mr. Rakesh Kumar Thakur, Advocate For Respondents : None. Hon'ble Shri Justice Sanjay Kumar Jaiswal, J. Order on Board (28.09.2026) 1. Heard on I.A. No. 01/2026, an application under Section 5 of the Limitation Act for condonation of delay in filing the appeal. 2. There is delay of 35 days in filing the appeal. 3. Upon due consideration and for the reasons mentioned in the application, I.A. No. 01/2026 is allowed and delay of 35 days in filing the instant appeal is condoned. 4. Also heard on admission. 5. This is the claimants’ appeal for enhancement against the award dated 11.05.2026 passed by the learned 4th Additional Motor Accident Claims Tribunal, Raipur, District Raipur (C.G.) in Claim Case No. 190/2024, whereby a compensation amount of Rs. 16,44,000/- has been awarded in favour of the claimants. 6. Learned counsel for the appellants submits that the deceased was working as a Carpenter and was earning a monthly income of Rs.9,000/-. The said income was specifically pleaded by the appellants/claimants in their claim petition. However, the learned Tribunal has assessed the income of the deceased at a lower figure, without properly appreciating the pleadings and the evidence available on record. It was further submitted that the accident occurred on 30.09.2023 and the deceased succumbed to the injuries approximately 20 days thereafter but no amount towards medical expenses has been awarded by the learned Tribunal. Therefore, the learned counsel for the appellants/claimants submit that the compensation awarded by the learned Claims Tribunal may be enhanced suitably. 3 7. I have heard learned counsel appearing for the appellants and perused the record of the Tribunal including award impugned. 8. The accident occurred on 30.09.2023, and at the relevant time the minimum wages prescribed for an unskilled labourer in view of Chhattisgarh Minimum Wages Notification issued by the office of Labour Commissioner, Chhattisgarh were Rs.9,960/- per month. The learned Tribunal has, in fact, assessed the monthly income of the deceased at Rs.10,000/-, which is higher than the applicable minimum wages. Therefore, it cannot be said that the income of the deceased has been assessed on the lower side. 9. As regards the claim towards medical expenses, it is apparent from the record that the claimants had not produced any documentary evidence with regard to the medical expenses of the deceased. At the time of admission, learned counsel has failed to show any expenses allegedly incurred during the treatment of the deceased. In the absence of any material or evidence showing the actual medical expenses incurred by the deceased, the learned Tribunal has rightly declined to award any amount under the said head. 10. As such, this Court finds that the learned Tribunal has properly appreciated the oral and documentary evidence and the compensation awarded is held to be just and reasonable. There is no infirmity in the impugned award warranting interference by this Court. 11. Accordingly, the appeal of the appellants is hereby dismissed at the admission stage itself. Sd/- (Sanjay Kumar Jaiswal) Judge pekde Digitally signed by VIJAY BHARATRAO PEKDE Date: 2026.09.29 10:29:01 +0530