R. VENKATA RAMANA & ANR. versus THE UNITED INDIA INSURANCE CO. LTD. & ORS.

Citation: [2013] 9 S.C.R. 451 · Decided: 17-09-2013 · Supreme Court of India · Bench: ANIL R. DAVE · Disposal: Appeal(s) allowed
Open in Lexace · Ask the AI about this case
Judgment (excerpt)

[2013] 9 S.C.R. 451 
R. VENKATA RAMANA & ANR. 
v. 
THE UNITED INDIA INSURANCE CO. LTD. & ORS. 
(Civil Appeal No. 8283 of 2013) 
SEPTEMBER 17, 2013 
[ANIL R. DAVE AND DIPAK MISRA, JJ.] 
Motor Vehicles Act, 1988: 
A 
B 
Motor accident - Victim, a 17 year old student became 
disabled - Tribunal awarded compensation of Rs. 18, 75, 8001 C 
- with 7.5% interest- High Court reduced it to Rs. 12,45,8001 
- Held: Keeping in view the amount spent by parents on 
treatment of victim and the fact that he has practically become 
bedridden and would require care by a person throughout his 
life, compensation by Tribunal was just and proper -
D 
Judgment of High Court set aside and that of Tribunal 
restored. 
Motor accident claims - Award of just compensation -
Discussed. 
The son of the appellants, a 17 year old student, met 
with a motor accident and because of the ~njuries, 
became disabled. The Tribunal awarded compensation of 
Rs. 18,75,800/- with 7.5% interest from the date of filing 
of the petition till payment. However, the High Court, 
relying upon Sar/a Verma's case*, reduced the 
compensation to Rs.12,45,800/-. Agrrieved, the parents 
filed the appeal. 
Allowing the appeal, the Court. 
HELD: 1.1. The evidence establishes that the 
condition of the victim after the accident has become very 
pathetic. He shall not be in a position to speak for his life 
and shall not be in a position to do anything exc~pt 
451 
E 
F 
G 
H 
452 
SUPREME COURT REPORTS 
[2013] 9 S.C.R. 
A breathing for his life. He would require care of a person 
every day like a child. Further, the appellants had in fact 
proved that they had spent a huge sum towards nursing 
and medical expenses for treating their son as also for 
purchasing certain instruments to facilitate his living. In 
8 the circumstances, the Tribunal was not at all lenient in 
the matter of awarding the compensation, which was just 
and proper. [para 9, 10 and 12) [454-G; 455-A-B;· 456-A] 
1.2 At times it is not possible to award compensation 
strictly in accordance with the law laid down, as in a 
C particular case it may not be just also. Though, the High 
Court has rightly followed the principle laid dowri in the 
case of Sar/a Verma, the amount of compensation 
awarded by the Tribunal is more' just. The judgment of the 
High Court is set asi~e arnf the order of the Tribunal 
D restored. [para 12-14) [456-C, E-G] 
E 
*Sar/a Verma v. Delhi Road Transport Corporation 2009 
(5) SCR 1098 = 2009(6) SCC 121- referred to. 
Case Law Reference: 
2009 (5) SCR 1098 
referred to 
para 8 
CIVIL APPELLATE-JURISDICTION : Civil Appeal No. 
8283 of 2013. 
From the Judgment & Order dated 27.12.2010 of the High 
F Court of Judicature, Andhra Pradesh at Hyderabad in Civil 
Misc. Appeal No. 1016/2007. 
Venkateswara Rao Anumolu fo~ the Appellant 
A.K. De, Debasis Misra for the Respondents. 
G 
The Judgment of the Court was delivered by 
ANIL R. DAVE, J. 1. Leave granted. 
2. Being aggrieved by the Judgment delivered by the 
Andhra Pradesh High Court in Civil Misc. Appeal No.1016 of 
H 2007 on 27th December, 2010, this appeal has been preferred 
R. VENKATA RAMANA v. UNITED INDIA INSURANCE 453 
CO. LTD. [ANIL R. DAVE, J.] 
on behalf of the claimants in a Motor Accident Claim Petition. 
A 
3. The facts giving rise to the present appeal, in a nut shell, 
are as under: 
On account of an accident, which had taken place on 31st 
July, 2000, around 6 p.m., son of the appellants had suffered 
B 
severe injuries. He had to be hospitalized and operations had 
to be performed. The injured was left with 80% disability due 
to the accident. Looking at the nature of injuries suffered by the 
injured, a claim for Rs.25,07,564/- was made by the appellants 
and the injured, who was also a claimant before the Tribunal 
c 
but at present, possibly because of his inability, the appeal has 
been filed by the parents. . 
4. After considering the evidence and looking at the injuries 
suffered and physical condition of the injured, namely, Rajanala 
Ravi Krishna, who was hardly 17 years old at the time of the o 
accident, by way of compensation, the Tribunal awarded a sum 
of Rs.1'8, 75,800/- with interest @ 7 .5 % from the date of 
presentation of the petition till realization of the said amount. 
5. Being aggrieved by the order passed by the Tribunal, 
respondent No.1 - United India Insurance Company Ltd., filed 
E 
Civil Misc. Appeal No.1016 of 2007 praying that the amount 
of compensation be reduced as it was much on high
Excerpt shown. Read the full judgment & AI analysis in Lexace.