VERDICTUM.
IN
2025 INSC 673 Non-Reportable
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. _____ OF 2025
(@Special Leave Petition (C) No.26999 of 2023)
SHAIKH SADIK SHAIKH RAFIQUE
..APPELLANT
VERSUS
RELIANCE GENERAL
INSURANCE COMPANY LIMITED & ORS.
…RESPONDENTS
JUDGEMENT
K. VINOD CHANDRAN, J.
1. Leave granted.
2. The appellant, a young man of 25 years has become
completely bed ridden due to an accident caused when he was
travelling in the truck of his employer, which crashed with
another vehicle. The appellant before the Tribunal claimed
rashness and negligence on the driver of the truck in which he
was travelling. The claimant asserted an annual income of
Rs.9,000/-, Rs.4,00,000/- spent for medical treatment and claimed
a total of Rs.68,44,000/- as compensation. The Tribunal accepted
the claim and awarded an amount of Rs.16,00,000/- on the
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premise that the interest earned from the said amount would look
after the claimant in future.
3. The learned counsel appearing for the Insurance Company
made a feeble attempt to point out that the policy did not cover
the passengers in a goods vehicle. This has been considered by
the Tribunal and the claimant was found to be an employee of the
owner of the vehicle. More pertinent, there is no appeal filed from
the order of the Tribunal by the Insurance Company and hence
we refuse to consider the said contention raised in an appeal filed
by the claimants for enhancement.
4. Before the High Court the income of Rs.4,500/- as accepted
by the Tribunal was increased to Rs.6,000/- and considering the
fact that the victim is in a vegetative state, determined functional
disability at 100%, which in any event was assessed by the Doctor
at 90%. The Doctor was examined before the Tribunal, who was
also cross-examined without any avail. He categorically deposed
that the victim/claimant is 100% disabled and required lifetime
support of an attendant to perform his daily chores. The High
Court adopted the income of Rs.6000/- and also granted 40%
addition for future prospects. The entire medical expenses, for
which bills were produced coming to Rs.2,70,000/-, was allowed.
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A consolidated amount of Rs.6,00,000/- was granted for pain and
suffering, loss of amenities, marital prospects and future
treatment, coming to a total of Rs.25,83,600/-.
5. Ramachandrappa vs. Manager, Royal Sundaram Alliance
Insurance Company Limited 1 determined an income of
Rs.4,500/- per month in the year 2004 for a coolie. A Constitution
Bench in National Insurance Company Limited vs. Pranay Sethi
and Others2 found that there would be an incremental increase
in the income which according to us would be reasonable if fixed
at Rs.500/- per month for every successive year. In the present
case, the accident occurred in the year 2015, 11 years after 2004
and going by the principles stated in the afore-cited decisions the
appellant, an unskilled worker would be entitled to claim
monthly income of Rs.10,000/-. In the present case, the claimant
has asserted an income of Rs.9,000/- which can be safely
adopted. The multiplier in the case of a 25 year old as held in
Pranay Sethi2 would be 18 and not 17 as taken by the High Court.
The following award according to us would be ‘just
compensation’ in the above case:
1
(2011) 13 SCC 236
2
(2017) 16 SCC 680
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Nos. Particulars Amount in Rs.
1 Loss of future income 9000 x 12 x 140% x
18 = Rs.27,21,600/-
2 Medical expenses Rs.2,70,000/-
3 Aggregate amount for pain and Rs.6,00,000/-
suffering, loss of amenities etc.
Total Rs.35,91,600/-
6. The above amounts, after deducting the amounts already
paid, shall be disbursed with 8% interest per annum as
determined by the Tribunal within a period of two months. The
appellant or his authorised representatives would be entitled to
give the account details of the appellant, to the insurance
company to which account the remaining amounts with interest
shall be paid online within the time stipulated hereinabove.
7. The appeal is allowed with the above modification.
8. Pending applications, if any, shall stand disposed of.
………….……………………. J.
(SUDHANSHU DHULIA)
………….……………………. J.
(K. VINOD CHANDRAN)
NEW DELHI;
MAY 13, 2025.
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