Tharunoju Eshwaramma v. K. Ram Reddy - Motor Accident Compensation - Foreign Employment - Income - Referred to Larger Bench
Motor Accident Compensation - How income of a deceased or a person injured in a road accident in India, in case they are employed in a foreign country? - Referred to larger bench - lot of I.T. graduates/professionals and other Indians are going abroad for better career opportunities and there being divergent views on application of double deduction, in a case where the income is earned in a foreign country - In case the final opinion expressed by a larger Bench is in the direction that moderation of the income earned in a foreign country is required for the purpose of assessment of compensation under the Motor Vehicles Act, 1988, considering the standard and cost of living in different countries and the status/life style of the deceased, guidance will also be required as to the application of any formula for applying a deduction or the manner in which the moderation should be made. Another relevant factor may be the remittance made by the deceased to the family in India. In case the deceased was married, whether the family was living with him/her in foreign country or in India. (Para 14-15)
Case Info
Key Details
- Case name: Tharunoju Eshwaramma & Ors. v. K. Ram Reddy & Anr.
- Neutral citation: Not provided in the document.
- Coram: Justice Rajesh Bindal; Justice Manmohan.
- Judgment/order date: 07-10-2025.
- Procedural posture: Civil Appeal (arising out of SLP (Civil) No. 8656 of 2023); leave granted; referred to a larger Bench.
Caselaws and Citations Cited
- National Insurance Co. Ltd. v. Pranay Sethi, (2017) 16 SCC 680; 2017 INSC 1068.
- Shyam Prasad Nagalla v. APSRTC, 2025 INSC 193; 2025 SCC OnLine SC 282.
- New India Assurance Co. Ltd. v. Ashish Ravindra Kulkarni, (2024) 11 SCC 641.
- United India Insurance Co. Ltd. v. Satinder Kaur, (2021) 11 SCC 780.
- Jiju Kuruvila v. Kunjujamma Mohan, (2013) 9 SCC 166.
- Kulwinder Kaur v. Parshant Sharma, 2025 INSC 950.
- Ramla v. National Insurance Co. Ltd., (2019) 2 SCC 192.
- Balram Prasad v. Kunal Saha, (2014) 1 SCC 384.
- Chanderi Devi v. Jaspal Singh, (2015) 11 SCC 703.
- Oriental Insurance Co. Ltd. v. Deo Patodi, (2009) 13 SCC 123.
- Sarla Verma v. DTC, (2009) 6 SCC 121; (2009) 2 SCC (Civ) 770; (2009) 2 SCC (Cri) 1002.
Statutes/Laws Referred
- Motor Vehicles Act, 1988.
- Consumer Protection Act, 1986.