MOHAN KUMAR Vs. K.N. NARAYANASAMY

JUDGEMENT

(1.) We sleep safely at night because rough men stand ready to visit violence on those who would harm - Winston Churchill

(2.) The disillusioned man, who burnt his midnight oil in guarding our Nation at the borders, by doing yeomen service round the clock, has become the faceless and motionless claimant on account of the injuries he suffered in the accident that happened on 11.11.2007. The injured was serving the Nation by rendering service as Havildar, Drill Instructor. At the age of 34 years, the pivotal point of his career, the accident intervened, thus robbing himself and his family of his monthly earning in a sum of Rs.20,000/-. The gruesome accident occurred when the claimant, who is now immobile, was travelling in the vehicle belonging to the 1st respondent and insured with the 2nd respondent. The accident occurred on account of the vehicle hitting against a tree in which the ever agile disciplined individual, suffered crush injuries, thereby rendering him a paraplegic.

(3.) Immediately after the accident, the claimant was administered first aid at Tiruppattur Hospital, from where he was shifted to the Christian Medical College & Hospital, Vellore, where treatment was given for a period of two days and thereafter, he was shifted to Ramachandra Medical College and Hospital, where he was under treatment as an in-patient for a period of ten days, i.e., from 12.11.2007 to 22.11.2007. Later, the claimant was admitted to the Military Hospital, Pune, where he underwent continuous treatment for a period of one year eight months and ten days. However, fate had other ideas, which ultimately stalled his recovery, thereby, rendering him to a vegetative state, which was on account of the injuries he suffered in the accident, which are detailed hereunder:-