M. Seetharama @ Seetharama Gowda vs. The Manager Future General India Insurance Co. Ltd.

Full Judgment Text

2025 INSC 648
Non-Reportable

IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION

Civil Appeal No…………..of 2025
(@Special Leave Petition (C) No.14543 of 2023)

M. SEETHARAMA @ SEETHARAMA GOWDA

.…APPELLANT

VERSUS

THE MANAGER FUTURE GENERAL INDIA
INSURANCE CO. LTD. & ORS.
.…RESPONDENTS

J U D G M E N T

K. VINOD CHANDRAN, J.

1. Leave granted.
2. The appellant was injured in an accident which
occurred on 25.06.2015 when the bike he was riding
collided with a jeep. The FIR was registered against the
jeep driver who was driving on the right side at high
speed as also rashly and negligently. The appellant
Signature Not Verified
having suffered multiple injuries was taken to a local
Digitally signed by
Jayant Kumar Arora
Date: 2025.05.08
16:11:30 IST
Reason:
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hospital where he was discharged after first aid and
then admitted to a specialist hospital where he spent
one and a half months. The appellant produced medical
bills and also asserted an income of Rs.12,000/- per
month. The appellant was aged 38 years and he suffered
Syme’s amputation. The Tribunal awarded a total amount
of Rs. 6,60,000/- under various heads which was
increased by the High Court to Rs.12,65,000/-.
3. Compensation under different heads as awarded
by the High Court: -

Sr. No.	Heads of Claim	Amount
1.	Loss of income.<br>Rs.9000 x 12 x 15 x 50%	Rs.8,10,000/-
2.	Medical expenses.	Rs.1,90,000/-
3.	Loss of income during laid<br>up period.	Rs. 45,000/-
4.	Loss of amenities.	Rs. 75,000/-
5.	Future medical expenses.	Rs.25,000/-
6.	Pain and suffering.	Rs.1,20,000/-
	Total amount	Rs.12,65,000/-

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4. The High Court had confirmed the order of the
Tribunal which awarded an amount of Rs. 1,20,000/- for
pain and suffering. As is evident from the order of the
Tribunal, the appellant suffered multiple injuries and
had a fracture in the right femur, right clavicle, right
tibia and fibula with vascular compromise. Considering
the over-all suffering as also the amputation which was
at the ankle joint, preserving the heel pad to allow for
weight bearing; which is what a Syme’s amputation is,
the compensation for pain and suffering can be
increased to Rs. 1,50,000/-.
5. As far as medical expenses, despite producing
bills for Rs. 1,86,486/-, the Tribunal and the High Court
only awarded an amount of Rs. 1,90,000/; including for
special diet, conveyance and attendant charges. This
Court is of the opinion that the medical bills proved has
to be granted in full and for special diet, conveyance
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and attendant charges a composite amount of Rs.
30,000/- can be awarded.
6. For loss of future income, the Tribunal adopted an
income of Rs. 7,000/- which was enhanced to Rs. 9,000/-
by the High Court. Ramachandrappa v. Royal
1
Sundaram Alliance Insurance Co. Ltd. , (supra) was a
case in which even a coolie’s income was determined at
Rs. 4,500/- in the year 2004. As has been held in Pranay
2
Sethi , there can be an incremental increase for every
year which at the least will be at Rs.500/- for every
successive year. Taking that into account, the salary of
an unskilled worker will be Rs.10,000/- in the year 2015
when the accident occurred. The claimant had
produced income certificate and PW3 was examined to
prove the same. The Tribunal, however, disbelieved
PW3. But, in any event, the income of the injured can be
fixed at Rs. 10,000/-. When assessing his loss of income

1
( 2011) 13 SCC 236
2
(2017) 16 SCC 680
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for 50% disability, as held by the High Court,
necessarily, 40% for future prospects has to be added.
We find no reason to increase the percentage of
disability as assessed by the Doctor. The amounts
granted will be as under:-

Sr. No.	Heads of Claim	Amount
1.	Pain and suffering	Rs.1,50,000/-
2.	Medical expenses.	Rs.1,86,486/-
3.	Special diet, conveyance and<br>attendant charges.	Rs.30,000/-
4.	Loss of amenities.	Rs.10,000/-
5.	Loss of future income.<br>Rs. 10,000/- x 140% x 12 x 15<br>x 50%	Rs. 12,60,000/-
6.	Future medical expenses.	Rs. 25,000/-
7.	Loss of income during<br>hospitalization.	Rs. 45,000/-
	Total amount	Rs.17,06,486/-

7. The awarded amounts shall be paid within a
period of two months from today with interest @ 9% per
annum and whatever amounts have already been paid
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shall be deducted. The appellant shall provide the bank
account details to the Insurance Company who shall
transfer the amount online within the period specified
hereinabove.
8. The Appeal stands allowed with the above
directions.
9. Pending application(s), if any, shall stand disposed
of.

…………..……………, J.
[SUDHANSHU DHULIA]

……………..……………, J.
[K. VINOD CHANDRAN]

NEW DELHI;
MAY 08, 2025.
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