Continued employment does not bar compensation for diminished future earning capacity caused by disability.

On 10 March 2019, the claimant was riding a motorcycle with his wife as pillion passenger when a Bolero pick-up truck allegedly driven negligently collided with it. Both sustained injuries.

The claimant sought compensation of ₹15,00,000; the Motor Accident Claims Tribunal held the truck driver wholly negligent and awarded ₹3,32,402 with 7.5% annual interest.

The claimant appealed, seeking enhancement, principally for future income and for pain and suffering, transportation, special diet and attendant charges.

The record referred to permanent disability of 50%, while the Tribunal’s award proceeded on 25% disability of the body as a whole.

Whether the claimant’s continued employment after the accident precluded an award for future or prospective loss of income.

Whether the amounts awarded for pain, shock and suffering, and for transportation, special diet and attendant charges, required enhancement in light of the claimant’s injuries and treatment.

The Court applied the principle stated in Soni Sharma v. Oriental Insurance Co. Ltd. & Ors. that continuing in service, or not seeking premature retirement, is not by itself determinative of whether an injured claimant has suffered loss of earning capacity; the impact of disability on earning capacity and career prospects may be assessed on reasonable probabilities, having regard to the nature of employment and the extent of disability.

The claimant also relied on Reliance General Insurance Co. Ltd. v. Priyanka Das & Ors. and Mohd. Sabeer @ Shabir Hussain v. Regional Manager, U.P. State Road Transport Corporation in support of assessing future or prospective income as part of just compensation.

No specific statutory provision is identified in the judgment.

The Court held that the Tribunal had treated the claimant’s continued service as decisive, whereas continued employment did not rule out a continuing loss of earning capacity or adverse career effects.

It considered the claimant’s age of 24, the disability evidence, and his unchallenged testimony that he had undergone repeated procedures and hip-replacement surgery.

The Court added 40% to the monthly income of ₹32,924 for future prospects and applied a multiplier of 16 and 25% disability to calculate ₹22,12,492 for future income.

It also found the existing awards of ₹10,000 each for pain and suffering and for transportation, special diet and attendant charges inadequate, and increased each to ₹50,000.

The Court modified the award and granted additional compensation of ₹23,67,492, with interest at 7.5% per annum from the date of filing of the claim petition until realization.

The insurer was directed to deposit the additional amount with the Tribunal within eight weeks, for disbursement to the claimant.