Continued employment at unchanged income precludes future earnings loss despite assessed disability.

The claimant, a forest watcher, sustained injuries, including a fracture of the right clavicle, in a road traffic accident on 21 May 2024.

The MACT awarded him ₹1,33,000, including ₹40,000 for pain and suffering, ₹25,000 for loss of amenities and ₹15,000 for future medical expenses; it awarded no compensation for disability-related future income loss.

The claimant appealed under Section 173(1) of the Motor Vehicles Act, 1988, seeking enhancement.

The High Court heard the appeal with the consent of counsel for the claimant and insurer.

The appeal was brought under Section 173(1) of the Motor Vehicles Act, 1988, which provides for an appeal from an award of a Claims Tribunal.

The judgment cites no other statutory provision or precedent.

In assessing the claim, the Court considered the evidence of the claimant’s continued employment and unchanged income, the nature of his injury, and the doctor’s evidence concerning the need for implant-removal surgery.

The Court declined to award future income loss because the claimant continued working as a forest watcher and received the same income as before the accident, notwithstanding the doctor’s assessment of 12% whole-body disability.

Given the right clavicle fracture, it increased pain-and-suffering compensation from ₹40,000 to ₹50,000.

It accepted the doctor’s evidence that implant-removal surgery would cost ₹20,000, increasing future medical expenses from ₹15,000 to ₹20,000.

It also enhanced compensation for loss of amenities by ₹15,000; in total, the three increases amounted to ₹30,000.

The claimant was awarded an additional ₹30,000, with interest at 6% per annum from the date of the petition until realization.

The insurer was directed to deposit the enhanced amount with interest before the Tribunal within six weeks, and the claimant was permitted to withdraw the entire enhanced compensation.