DHAMODARAN Vs. BHASKAR SEKAR

JUDGEMENT

(1.) Instantaneous death would have been justified in this case instead of a vegetative life, which the victim led, for more than 8 years, before resting in peace. For no fault of his, he sustained injuries because of the rash and negligence of the driver of Tata Ace vehicle, insured with Reliance General Insurance Company Limited. The pain and agony, which the family members of the victim would have undergone during 8 years of vegetative life of the victim cannot be spelt out in words. No amount of money would compensate either the victim or the family members, who were suffering for 8 years on seeing their loved one suffering. This case would demonstrate as to how negligence of a person causes havoc in the life of an unknown innocent person and his family members. Therefore, it is the duty of every rider or driver of the vehicle to drive carefully not only in their interest and their family members, but also in the interest of innocent third parties and their family members.

(2.) It is not like any other case where the victim of the accident died on the spot on account of the injuries sustained in the accident. It is an exceptional case where right from the date of accident, the victim was unconscious and slipped into coma and remained so, for about 8 years and 4 months, making the family members also suffer. No one should be made to undergo such a terrible experience in life. The family members have withstood the mental agony and suffering and God is the only resort, who could give them succour, to lead the rest of their life in peace, after having lost their loved one.

(3.) C.M.A. No.1646 of 2015 has been preferred by the victim (who subsequently died) and his family members and C.M.A. No. 1301 of 2017 has been preferred by M/s. Reliance General Insurance Company as against the very same award, both of them questioning the quantum of compensation awarded.