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Showing contexts for: Salem in The United India Insurance Co. Ltd vs S. Saravanan (Infirmity) on 12 June, 2009Matching Fragments
PRABHA SRIDEVAN, J.
The irresponsibility on the part of owners who allow their vehicles to be driven by persons who do not possess a valid driving license and the tragic consequences that visit an innocent third party on account of this irresponsibility is the subject of this appeal.
2. The claimant, who is indisputably in a vegetative condition because of the accident, is represented by his next friend, his wife. He was 33 years at the time of the accident, which occurred on 26.10.2002. He was a Lecturer in the Physics Department in Kaveri Polytechnic. His injuries are of such nature that he has to take continuous medical treatment. This misfortune fell on him because the second respondent allowed one of his relatives, who did not have a license, to drive his motorcycle. Because of his lack of expertise, the driver of the insured vehicle drove the motorcycle at an uncontrollable speed and hit the claimant, who was going to his house. After the accident, the claimant was admitted in Sri Gokulam Hospital, Salem; then to NIMHANS, Bangalore; Manipal Institute for Neurological Disorders, Bangalore; Kamala Hospital, Salem and A.G. Neurological Hospital, Salem. A compensation of Rs.25,00,000/- was claimed. The Tribunal awarded a sum of Rs.17,24,953/-. The learned Presiding Officer of the Tribunal saw for himself the claimant's condition when he was brought to the Court and he has recorded that the claimant, Saravanan had his eyes open and he was breathing, but he was otherwise not conscious of anything that was happening around him. He has also recorded that the claimant was in a vegetative state.