Mumbai: The Motor Accident Claims Tribunal (MACT) has dismissed a substantial compensation claim of Rs 58.98 lakh made by a senior nurse at Gleneagles Hospital (formerly Global Hospital), ruling that there was no evident loss of earning capacity or work efficiency despite her claimed disability.
The claim was filed by Sheeba Joseph, 50, who was working as an Assistant Chief Nursing Officer. She had sought compensation for injuries sustained in a road accident on June 27, 2020, when her scooter was allegedly hit by a rashly driven car taking an abrupt right turn. She sustained multiple injuries and was hospitalized for a month.
Joseph contended that the accident left her with a 38% permanent disability and forced her to resign from her job. Her total claim of Rs 58.98 lakh included amounts for medical expenses, disability, and future loss of income.
However, during the hearing, the tribunal examined salary slips and employment records submitted by the insurance company. The documents revealed that despite the claimed disability, Joseph continued working at the hospital for more than three years after the accident, and her salary steadily increased during this period—from Rs 76,644 per month at the time of the accident to Rs 95,431 at the time of her resignation on August 19, 2023.
“There is abundant documentary evidence to prove that she was serving as Senior Nurse Manager in Global Hospital, Parel, and continued as Assistant Chief Nursing Officer until 2023. Her gross salary increased substantially during this time, clearly indicating that her work performance remained unaffected,” the tribunal observed in its order.
The tribunal also rejected the argument that she was forced to resign due to illness or disability. “If her disability had hampered her performance, she would have taken extended medical leave or shown signs of reduced efficiency. However, there is no such evidence on record,” the tribunal noted.
Consequently, the tribunal ruled out any future loss of income and awarded her compensation only for actual medical expenses incurred—amounting to Rs 13,97,868.
