Sharad Singh (Dead) Through Lr vs H.D. Narang

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

JUDGMENT

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

Signature Not Verified offending vehicle was driven by its owner R1, which 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

Limited vs. Pranay Sethi and Others1.

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

are of the opinion that, as has been held in Pranay Sethi1,

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