Accident-related earned and unpaid leave warrants compensation as loss of income during the laid-up period.

The claimant sustained injuries, including fractures to the L3 and C7 vertebrae, in a road traffic accident on 17 December 2017.

He sought compensation under the Motor Vehicles Act.

The MACT awarded ₹4,61,722, including ₹1,95,000 for loss of income during the laid-up period, but made no award for loss of future income due to disability.

The claimant appealed under Section 173(1) of the Motor Vehicles Act seeking enhancement.

The appeal was brought under Section 173(1) of the Motor Vehicles Act.

The Court assessed compensation by reference to the injuries sustained and the evidence concerning the claimant’s salary, leave taken, and medical expenses.

It did not cite any precedent or set out a broader legal test; it held that loss of future income was not justified on the evidence where the claimant’s income had not been reduced.

The Court upheld the Tribunal’s refusal to award loss of future income because the evidence did not establish a reduction in the claimant’s income due to his injuries or disability.

It enhanced pain-and-suffering compensation from ₹25,000 to ₹1,00,000 in view of the spinal injuries, and attendant, conveyance, food and nourishment expenses from ₹25,000 to ₹42,000, reflecting the claimant’s 42-day hospital admission.

It accepted the medical expenses of ₹1,16,722 and the amenities award of ₹1,00,000 as appropriate.

For the laid-up period, it assessed monthly salary at ₹65,000, calculated daily income at ₹2,167, and awarded ₹4,29,066 for 198 days of leave taken.

The Court enhanced total compensation to ₹7,87,788, an increase of ₹3,26,066 over the Tribunal’s award, with interest at 6% per annum from the date of the petition until realization.

Respondent No. 2, the insurer, was directed to deposit the enhanced amount with interest before the Tribunal within six weeks, and the claimant was entitled to release of the entire enhanced amount.