Continued employment without salary reduction does not justify future income-loss compensation for disability.

The claimant sought compensation for injuries sustained in a road accident on 17 December 2017.

The Motor Accident Claims Tribunal awarded ₹2,43,202, including ₹20,000 for loss of income during the laid-up period, ₹30,000 for pain and suffering, and ₹25,000 for attendant, conveyance, food and nourishment expenses; it awarded no compensation for future income loss because the claimant continued working without a salary reduction.

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

The High Court considered the injuries, hospitalisation for 43 days, salary evidence and the employer’s certificate showing absence from duty from 16 December 2017 to 21 June 2018.

Section 173(1) of the Motor Vehicles Act, 1988 provides for an appeal to the High Court from an award of a Claims Tribunal.

In assessing compensation for accident-related injuries, the Court considered the evidence of injury, treatment, hospitalisation, earnings and absence from work to determine appropriate compensation under the relevant heads.

The judgment cites no precedent and identifies no further statutory provision as the basis for its assessment.

The Court upheld the Tribunal’s refusal to award future income loss because the claimant continued in her job and there was no deduction in pay.

Given the nature of the fractures and other injuries, it increased pain-and-suffering compensation from ₹30,000 to ₹1,50,000.

It found the existing awards for amenities and medical expenses appropriate, but increased attendant, conveyance, food and nourishment expenses to ₹43,000, reflecting 43 days in hospital at ₹1,000 per day.

Using a monthly net income of ₹30,000, or ₹1,000 per day, and the employer’s evidence of 187 days’ absence, it increased laid-up-period income loss from ₹20,000 to ₹1,87,000.

It awarded the claimant enhanced compensation of ₹3,05,000 with interest at 6% per annum from the date of the petition until realisation.

The insurer was directed to pay the enhanced amount within six weeks, and the claimant was permitted to receive the entire enhanced compensation.