Full Judgment Text
2025 INSC 1164
Non-reportable
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
Civil Appeal No. 8136 of 2024
Sharad Singh (Dead)
Through LR. …Appellant
Versus
H. D. Narang & Anr.
…Respondents
J U D G M E N T
K. VINOD CHANDRAN, J.
A young man of 20 years was rendered immobile
with paraplegia for reason of the fracture of C4-5
sustained in a motor vehicle accident. The claimant-
victim, who is now represented by his mother in the
appeal, was travelling pillion when a car driven
negligently and rashly hit the bike on the back resulting
in his falling on the road and being run over by the car.
The accident was found to have occurred as alleged. The
offending vehicle was driven by its owner R1, which
Signature Not Verified
Digitally signed by
NARENDRA PRASAD
Date: 2025.09.26
18:33:30 IST
Reason:
Page 1 of 9
Civil Appeal No. 8136 of 2024
vehicle was also properly insured. In the present appeal,
the challenge is against the quantum awarded
specifically the income determined and the future
medical expenses as evidenced by the bills produced
before this Court.
2. The Insurance Company had a contention that
many of the bills were of the period before the disposal
of the appeal by the High Court. Further, it was
contended that the victim who had his permanent
residence in Delhi had produced medical bills from the
hospitals at Goa and Bengaluru. The learned Counsel for
the company expressed the inability of the company to
verify such bills and stressed on the aspect of no
explanation having been offered for the treatments
carried out in places other than the hometown. We were
not impressed with the contention that there was no
possibility of the company verifying the bills which the
learned Senior Counsel for the appellant asserted were
Page 2 of 9
Civil Appeal No. 8136 of 2024
from Goa and not from Bengaluru. The respondent-
company having its offices all over India cannot raise
such a contention was our finding by order dated
01.08.2025. We were also convinced with the explanation
of the appellant that since the victim was paraplegic and
was suffering from pneumonia, he had to be shifted to
Goa, for reason of the adverse climatic conditions in
Delhi, which would have aggravated his affliction. We
also directed that the appellant produce the tabulated list
of the bills regarding the expenses incurred, after the
order of the High Court, till the date of the death of the
victim; which are in addition to the bills which were
submitted before the Tribunal and the High Court.
3. The Insurance Company has verified the bills
preferred and has submitted that the bills with respect to
Rs.21 lakhs are genuine. It is also submitted that an
amount of Rs.1 lakh was additionally granted by the High
Court towards medical expenses. The learned Senior
Page 3 of 9
Civil Appeal No. 8136 of 2024
Counsel for the appellant however submitted that many
of the bills which were relatable to the expenses before
the disposal of the appeal by the High Court could not be
produced before the High Court. It was submitted that
the pending bills were about Rs.38 lakhs which included
the expenses incurred before the appeal was disposed
of by the High Court. As of now, the bills produced by the
appellant has been verified and an amount of Rs.21 lakhs
is admitted to be genuine. Considering the fact that the
High Court had modified the award and granted a further
Rs.1 lakh, after deducting the same, we are of the opinion
that an amount of Rs.20 lakhs is to be paid to the applicant
for expenses incurred in sustaining the life of the victim,
her son, for 20 years when he was completely bed ridden
from 2001 till 2021 with 100% disability as certified by the
All India Institute of Medical Sciences.
4. The next contention is regarding the loss of
income computed. The appellant was a final year B.Com
Page 4 of 9
Civil Appeal No. 8136 of 2024
student who had also enrolled with the Institute of
Chartered Accountants of India. The Tribunal adopted an
income of Rs.3,339/- per month being the minimum
wages applicable to a workman. The High Court found
that though he had academic prospects, the victim was
yet to attain the qualification, which places the Court at a
disadvantage in adopting the income of a Chartered
Accountant. The High Court adopted an income of
Rs.3,352/-. While the Tribunal adopted a multiplier of 17,
the High Court correctly increased it to 18 as is laid down
by a Constitution Bench in National Insurance Company
1
Limited vs. Pranay Sethi and Others .
5. The Tribunal awarded a total amount of
Rs.18,03,512/- which was the total of the medical bills and
the loss of income computed as hereinabove mentioned
as also Rs.1 lakh for pain and suffering. The High Court
increased the quantum of income and awarded a total
1
(2017) 16 SCC 680
Page 5 of 9
Civil Appeal No. 8136 of 2024
amount of Rs.7,24,032/- as loss of income with 100%
disability. The High Court further awarded an amount of
Rs.14 lakhs which included attendant charges, loss of
amenities, compensation for pain and suffering, loss of
marriage prospects and disfigurement occurred, in
addition to the total medical expenses of Rs.11,22,356/-.
The total compensation awarded by the High Court came
to Rs.32,46,388/-.
5. The learned Senior Counsel for the appellant
argued that there was no rationale in adopting the
minimum wages for determining the income of a bright
student who was in the process of completing his
graduation and proceeding to sit for the Chartered
Accountants examinations. The learned Counsel for the
Insurance Company first argued that the amounts
determined as minimum wages, is as per the schedule in
Delhi relatable to a graduate. We were not convinced
that the minimum wages would be determined on the
Page 6 of 9
Civil Appeal No. 8136 of 2024
basis of the educational qualification alone without
reference to the nature of work carried on. The learned
Counsel after further verification submitted that
minimum wages adopted is of the year 2001 applicable
to a skilled worker. We are not convinced that even that
can be adopted for a graduate who was in the process of
sitting for the Chartered Accountant examination which
would have placed him in a good employment with
immense prospects. The aspirations of the young man
were shattered by the accident which left him paraplegic
and fighting for breath, which also prompted the parents
to relocate to another part of the country. We are of the
opinion that even if he had not obtained the certificate as
a Chartered Accountant, upon graduation, he could have
been employed as an Accountant, who would have, on
any reasonable estimate, received an amount of
Rs.5,000/- as monthly income in the year 2001, if the
minimum wages prescribed for a skilled worker was
Page 7 of 9
Civil Appeal No. 8136 of 2024
Rs.3,352/-. Adopting Rs.5,000/- as monthly income, we
1
are of the opinion that, as has been held in Pranay Sethi ,
40% has to be computed as future prospects. The loss of
income for the 100% disabled paraplegic would be
Rs.15,12,000/- (Rs.5,000/- x 140% x 12 x 18). To this is to
be added an amount of Rs.14 lakhs granted by the High
Court under conventional heads and the medical
expenses of Rs.11,22,356/- totalling to Rs.40,34,356/-.
The total award carrying interest @ 9% per annum from
the filing of the petition till realisation, as awarded by the
Tribunal & the High Court and enhanced by us will be
paid to the substituted appellant within a period of four
months from today.
6. In addition, the Insurance Company would also be
liable to pay Rs.20 lakhs as future medical expenses
incurred by the parents of the victim which shall not carry
any interest if paid within a period of four months, but on
Page 8 of 9
Civil Appeal No. 8136 of 2024
failure to pay within the stipulated time the same shall
carry interest @ 9% from the date of this judgment.
7. The Civil Appeal stands allowed with the above
modification.
8. Pending application(s), if any, shall stand
disposed of.
……….…………………….….. J.
(K. VINOD CHANDRAN)
……….…………………….….. J.
(N.V. ANJARIA)
NEW DELHI;
SEPTEMBER 26, 2025.
Page 9 of 9
Civil Appeal No. 8136 of 2024
Non-reportable
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
Civil Appeal No. 8136 of 2024
Sharad Singh (Dead)
Through LR. …Appellant
Versus
H. D. Narang & Anr.
…Respondents
J U D G M E N T
K. VINOD CHANDRAN, J.
A young man of 20 years was rendered immobile
with paraplegia for reason of the fracture of C4-5
sustained in a motor vehicle accident. The claimant-
victim, who is now represented by his mother in the
appeal, was travelling pillion when a car driven
negligently and rashly hit the bike on the back resulting
in his falling on the road and being run over by the car.
The accident was found to have occurred as alleged. The
offending vehicle was driven by its owner R1, which
Signature Not Verified
Digitally signed by
NARENDRA PRASAD
Date: 2025.09.26
18:33:30 IST
Reason:
Page 1 of 9
Civil Appeal No. 8136 of 2024
vehicle was also properly insured. In the present appeal,
the challenge is against the quantum awarded
specifically the income determined and the future
medical expenses as evidenced by the bills produced
before this Court.
2. The Insurance Company had a contention that
many of the bills were of the period before the disposal
of the appeal by the High Court. Further, it was
contended that the victim who had his permanent
residence in Delhi had produced medical bills from the
hospitals at Goa and Bengaluru. The learned Counsel for
the company expressed the inability of the company to
verify such bills and stressed on the aspect of no
explanation having been offered for the treatments
carried out in places other than the hometown. We were
not impressed with the contention that there was no
possibility of the company verifying the bills which the
learned Senior Counsel for the appellant asserted were
Page 2 of 9
Civil Appeal No. 8136 of 2024
from Goa and not from Bengaluru. The respondent-
company having its offices all over India cannot raise
such a contention was our finding by order dated
01.08.2025. We were also convinced with the explanation
of the appellant that since the victim was paraplegic and
was suffering from pneumonia, he had to be shifted to
Goa, for reason of the adverse climatic conditions in
Delhi, which would have aggravated his affliction. We
also directed that the appellant produce the tabulated list
of the bills regarding the expenses incurred, after the
order of the High Court, till the date of the death of the
victim; which are in addition to the bills which were
submitted before the Tribunal and the High Court.
3. The Insurance Company has verified the bills
preferred and has submitted that the bills with respect to
Rs.21 lakhs are genuine. It is also submitted that an
amount of Rs.1 lakh was additionally granted by the High
Court towards medical expenses. The learned Senior
Page 3 of 9
Civil Appeal No. 8136 of 2024
Counsel for the appellant however submitted that many
of the bills which were relatable to the expenses before
the disposal of the appeal by the High Court could not be
produced before the High Court. It was submitted that
the pending bills were about Rs.38 lakhs which included
the expenses incurred before the appeal was disposed
of by the High Court. As of now, the bills produced by the
appellant has been verified and an amount of Rs.21 lakhs
is admitted to be genuine. Considering the fact that the
High Court had modified the award and granted a further
Rs.1 lakh, after deducting the same, we are of the opinion
that an amount of Rs.20 lakhs is to be paid to the applicant
for expenses incurred in sustaining the life of the victim,
her son, for 20 years when he was completely bed ridden
from 2001 till 2021 with 100% disability as certified by the
All India Institute of Medical Sciences.
4. The next contention is regarding the loss of
income computed. The appellant was a final year B.Com
Page 4 of 9
Civil Appeal No. 8136 of 2024
student who had also enrolled with the Institute of
Chartered Accountants of India. The Tribunal adopted an
income of Rs.3,339/- per month being the minimum
wages applicable to a workman. The High Court found
that though he had academic prospects, the victim was
yet to attain the qualification, which places the Court at a
disadvantage in adopting the income of a Chartered
Accountant. The High Court adopted an income of
Rs.3,352/-. While the Tribunal adopted a multiplier of 17,
the High Court correctly increased it to 18 as is laid down
by a Constitution Bench in National Insurance Company
1
Limited vs. Pranay Sethi and Others .
5. The Tribunal awarded a total amount of
Rs.18,03,512/- which was the total of the medical bills and
the loss of income computed as hereinabove mentioned
as also Rs.1 lakh for pain and suffering. The High Court
increased the quantum of income and awarded a total
1
(2017) 16 SCC 680
Page 5 of 9
Civil Appeal No. 8136 of 2024
amount of Rs.7,24,032/- as loss of income with 100%
disability. The High Court further awarded an amount of
Rs.14 lakhs which included attendant charges, loss of
amenities, compensation for pain and suffering, loss of
marriage prospects and disfigurement occurred, in
addition to the total medical expenses of Rs.11,22,356/-.
The total compensation awarded by the High Court came
to Rs.32,46,388/-.
5. The learned Senior Counsel for the appellant
argued that there was no rationale in adopting the
minimum wages for determining the income of a bright
student who was in the process of completing his
graduation and proceeding to sit for the Chartered
Accountants examinations. The learned Counsel for the
Insurance Company first argued that the amounts
determined as minimum wages, is as per the schedule in
Delhi relatable to a graduate. We were not convinced
that the minimum wages would be determined on the
Page 6 of 9
Civil Appeal No. 8136 of 2024
basis of the educational qualification alone without
reference to the nature of work carried on. The learned
Counsel after further verification submitted that
minimum wages adopted is of the year 2001 applicable
to a skilled worker. We are not convinced that even that
can be adopted for a graduate who was in the process of
sitting for the Chartered Accountant examination which
would have placed him in a good employment with
immense prospects. The aspirations of the young man
were shattered by the accident which left him paraplegic
and fighting for breath, which also prompted the parents
to relocate to another part of the country. We are of the
opinion that even if he had not obtained the certificate as
a Chartered Accountant, upon graduation, he could have
been employed as an Accountant, who would have, on
any reasonable estimate, received an amount of
Rs.5,000/- as monthly income in the year 2001, if the
minimum wages prescribed for a skilled worker was
Page 7 of 9
Civil Appeal No. 8136 of 2024
Rs.3,352/-. Adopting Rs.5,000/- as monthly income, we
1
are of the opinion that, as has been held in Pranay Sethi ,
40% has to be computed as future prospects. The loss of
income for the 100% disabled paraplegic would be
Rs.15,12,000/- (Rs.5,000/- x 140% x 12 x 18). To this is to
be added an amount of Rs.14 lakhs granted by the High
Court under conventional heads and the medical
expenses of Rs.11,22,356/- totalling to Rs.40,34,356/-.
The total award carrying interest @ 9% per annum from
the filing of the petition till realisation, as awarded by the
Tribunal & the High Court and enhanced by us will be
paid to the substituted appellant within a period of four
months from today.
6. In addition, the Insurance Company would also be
liable to pay Rs.20 lakhs as future medical expenses
incurred by the parents of the victim which shall not carry
any interest if paid within a period of four months, but on
Page 8 of 9
Civil Appeal No. 8136 of 2024
failure to pay within the stipulated time the same shall
carry interest @ 9% from the date of this judgment.
7. The Civil Appeal stands allowed with the above
modification.
8. Pending application(s), if any, shall stand
disposed of.
……….…………………….….. J.
(K. VINOD CHANDRAN)
……….…………………….….. J.
(N.V. ANJARIA)
NEW DELHI;
SEPTEMBER 26, 2025.
Page 9 of 9
Civil Appeal No. 8136 of 2024