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2009 Supreme(Mad) 1698

T.S.SIVAGNANAM, PRABHA SRIDEVAN
The United India Insurance Co. Ltd. – Appellant
Versus
S. Saravanan (Infirmity) & Others – Respondent


Advocates Appeared:
For the Insurance Company:N. Vijayaraghavan, Advocate.
For the Respondents:P. Tamilavel, Advocate.

Judgment :-

Prabha Sridevan, J.

1. 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 210. 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 compensatio




































































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