1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 909 of 2026 1 - Smt. Munkunadas W/o Sukritdas Aged About 51 Years R/o Village Kensara, Post Tetla, P.S. And Tehsil Pusour, Distt. Raigarh, Chhattisgarh. 2 - Sukritdas S/o Joidha Aged About 53 Years R/o Village Kensara, Post Tetla, P.S. And Tehsil Pusour, Distt. Raigarh, Chhattisgarh. 3 - Ramu Mahant S/o Sukritdas Aged About 20 Years R/o Village Kensara, Post Tetla, P.S. And Tehsil Pusour, Distt. Raigarh, Chhattisgarh. ...Appellant(s) versus 1 - Manoj Kumar S/o Nandan Prasad Aged About 47 Years R/o Village Ratanpura, Post Dariyapur, P.S. Islampur Nawdha, Distt. Nalanda, Bihar, Through Paramveer Sharma S/o Bhimesh Sharma, R/o A 403 Avinash Pride, Virsawarkar Nagar, Hirapur Tatibandh, Raipur, Distt. Raipur, C.G., (Driver Of Offending Vehicle Bearing Registration No. Cg 04hr 7356) 2 - Paramveer Sharma S/o Bhimesh Sharma R/o A 403 Avinash Pride, Virsawarkar Nagar, Hirapur Tatibandh, Raipur, Distt. Raipur, Chhattisgarh. (Owner Of Offending Vehicle Bearing Registration No. Cg 04hr 7356) 3 - S.B.I. General Insurance Compnay Limited Through 4th Floor Pujari Chambers N.H. 43, Pachpedi Naka, Dhamtari Road, Raipur, Distt. Raipur, Chhattisgarh. (Insurer Of Offending Vehicle Bearing Registration No. Cg 04hr 7356) ... Respondent(s) For Appellant(s) : Mr. Saket Pandey, Advocate Hon’ble Shri Justice Sachin Singh Rajput PAWAN KUMAR Digitally signed by PAWAN KUMAR Date: 2026.04.09 17:03:48 +0530 2 Order on Board 08/04/2026 Heard on IA No. 01 – application for condonation of delay in filing the appeal. 2. For the reasons stated in the application, the same is allowed and the delay in filing the appeal is hereby condoned. 3. Heard on admission. 4. This appeal arising out of an award dated 01.12.2025 passed by the 1st Additional Motor Accident Claims Tribunal, Raigarh District Raigarh, CG in Motor Accident Claim Case No. 212 of 2024 by which against a claim of Rs. 46,33,600/-, the learned claims tribunal has awarded compensation of Rs. 17,41,710/- in favour of the appellants on account of death of deceased Shaymu Das in an accident had occurred on 01.10.2024 by rash and negligent driving of the offending vehicle Truck bearing registration No. CG 04 HR 7356 driven by respondent No. 1 owned by respondent No. 2 and insured with the respondent No. 3. 5. As per claim application filed under Section 166 of the Motor Vehicles Act, 1988 (for short ‘the Act of 1988’) the deceased was aged about 20 years and he was a mason and earning Rs. 21,000/- per month. The appellants / claimants were dependent upon the income of the deceased. 6. The claim application was resisted by the respondents on various ground and the learned Tribunal framed issues on the basis of the pleadings and decided the same in favour of the appellants / claimants. 7. Learned counsel for the appellant submits that the just compensation has not been awarded and income of the deceased has not been taken properly thus there is a scope for enhancement of the income the appeal may be admitted for hearing. 8. Heard learned counsel for the appellant and perused the impugned 3 award. 9. As per pleadings of the claim application the deceased was aged about 20 years and earning Rs. 21000/- and working as a mason. The Tribunal found that no documentary evidence is available on record with regard to his profession and income. Thus Tribunal held that in absence of any documentary evidence income of the deceased to Rs. 21000/- cannot be accepted. The Tribunal considered the deceased to be unskilled labour and on the basis of minimum wages amounting to Rs. 10428 per month, assessed the compensation. The Tribunal further added 40% future prospect and also awarded loss of estate, funeral expenses and finial consortium to the appellants and thus total awarded Rs. 17,41,710/-. This Court does not find any irregularity or regularity in the impugned award. The award has been passed after due appreciation evidence available on record which does not require any interference by this Court in this appeal. 10. Accordingly, this appeal is dismissed at the admission stage itself. Sd/- (Sachin Singh Rajput) Judge Pawan