Karnataka HC Counts 184 Days Of Accident-Related Earned Leave As Lost Income, Adds ₹2.45 Lakh To Village Accountant’s Compensation

The claimant, a Village Accountant, sustained injuries in a road accident on 13 June 2022 involving a KSRTC bus and sought compensation under the Motor Vehicles Act.

The MACT awarded ₹4,68,003.25, including ₹6,000 for diet and transportation expenses, but no compensation for loss of income during the claimant’s recovery period.

The claimant appealed for enhancement, relying on Tahsildar’s orders sanctioning a total of 184 days of earned leave due to his injuries and seeking increased attendant, conveyance, food and nourishment expenses.

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

The Court applied the compensatory principle that proven loss attributable to accident-related injuries may be compensated, including income loss during a medically necessary recovery period and reasonable attendant, conveyance, food and nourishment expenses.

The Court accepted the Tahsildar’s orders as evidence that the claimant had taken 184 days of earned leave because of his injuries, and therefore treated the leave as a compensable loss during the laid-up period.

Based on the salary slip, it assessed his monthly salary at ₹40,000 and daily pay at ₹1,334, awarding ₹2,45,456 for 184 days.

Given the claimant’s stated 18-day hospitalisation, the Court assessed attendant, conveyance, food and nourishment charges at ₹18,000, an increase of ₹12,000 over the Tribunal’s award.

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