Case: R. Venkata Ramana  Vs. The United India Insurance Co. Ltd

On account of an accident, which had taken place on 31st July, 2000, around 6 p.m., son of the appellants had suffered 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 but at present, possibly because of his inability, the appeal has been filed by the parents4. 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 accident, by way of compensation, the Tribunal awarded a sum of Rs.18,75,800/with interest @ 7.5 % from the date of presentation of the petition till realization of the said amount5. Being aggrieved by the order passed by the Tribunal, respondent No.1 – United India Insurance Company Ltd., filed Civil Misc. Appeal No.1016 of 2007 praying that the amount of compensation be reduced as it was much on higher side. After hearing the concerned counsel and looking at the evidence, the High Court allowed the civil misc. appeal by reducing the amount of compensation to a sum of Rs.12,45,800/with interest thereon to the claimants6. Being aggrieved by the reduction in the amount of compensation, the parents of the 17 years old injured student have approached this Court by way of this appeal.

Reasoning:
12. From the order of the tribunal, we find that the appellants had in fact proved that they had spent Rs.3,49,128/towards medical expenses for treating their son. They had to purchase certain instruments worth Rs.58,642/for making life of their son comfortable and Rs.31,000/had been spent towards nursing and Rs.1,37,000/had to be spent for Physiotherapist. Looking at the fact that Rajanala Ravi Krishna will have to remain dependant for his whole life on someone and looking at the observations made by the Tribunal, which have been reproduced hereinabove, in our opinion, his life is very miserable and there would be substantial financial burden on the appellants for the entire life of their injured son. At times it is not possible to award compensation strictly in accordance with the law laid down as in a particular case it may not be just also. We are hesitant to say that it is a reality of life that at times life of an injured or sick person becomes more miserable for the person and for the family members than the death. Here is one such case where the appellants, even during their retired life will have to take care of their son like a child especially when they would have expected the son to take their care13. Though, the High Court has rightly followed the principle laid down in the case of Sarla Verma (supra), in our opinion, the amount of compensation awarded by the Tribunal is more just. The Tribunal awarded a lump sum of Rs.10 lacs and the amount of expenditure incurred by the appellants for treating their son. The total amount awarded by the Tribunal was Rs.18,75,800/which, in our opinion, is not too much and in our opinion, the said amount should be awarded to the appellants.