Permanent physical disability does not establish future earning loss without proven employment impact.

The claimant sustained six injuries, including a grievous right upper brachial plexus injury, in a motorcycle–car accident on 6 February 2019.

The Tribunal awarded him ₹1,43,500 in compensation.

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

The evidence included medical records, a disability certificate, employment records, and evidence that his employer advanced him ₹1,31,000 as a loan during his absence from work.

Whether the claimant was entitled to enhancement of the compensation awarded by the Tribunal

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

In assessing compensation, the Court considered the evidence of actual loss during treatment and the claimant’s medical and employment circumstances.

The claimant relied on Sandeep Khanuja v. Atul Dande & Anr. and V. Ramachandra v. Rajesh Naik & Anr., but the Court distinguished those cases on their facts: the former concerned a professional whose work required travel, while the latter concerned brain disability.

The Court accepted that the claimant had a neurological injury, but found no evidence that it caused demotion or reduced future promotional prospects; it therefore declined to award compensation for loss of future earning capacity.

However, the employer’s evidence and loan documents established that the claimant was absent from work for about six months and had received a ₹1,31,000 loan during that period.

The Court accordingly increased compensation for loss of income during treatment from ₹17,500 to ₹1,31,000.

It also increased compensation for pain and suffering, attendant/food/conveyance expenses, and loss of amenities and nutrition, while leaving medical expenses unchanged.

It modified the award, increasing total compensation from ₹1,43,500 to ₹3,05,170.

The enhanced compensation carries interest at 6% per annum from the date of the petition until realization; the insurer was directed to deposit the amount with accrued interest within eight weeks of receiving the certified judgment.