NEW INDIA ASSURANCE CO LTD Vs. SIVAKUMAR

JUDGEMENT

(1.) "SPEED"- We can enjoy it on the screen as Hollywood movie. Can we enjoy the same on the road? Certainly not. The speed of a vehicle caused the ghastly accident in which first respondent sustained the following:

(2.) The above conditions of the victim would move anybody. What was the wrong committed by the victim/first respondent? Was it a sin to have come out of his house and walked on the road?. If anybody wants to remain as a bachelor, it is his wish and he is within right to remain as a bachelor. For no fault of the victim, against his own wishes, he is forced to remain as a bachelor throughout his life because of "The speed" which caused the accident. Is not "violation of Human Right"? Definitely, it is.

(3.) The aforesaid condition would, speak volumes about the magnitude of the accident. The pain and suffering which the claimant did suffer would be beyond one's imagination. This Court has not come across, a case in which such serious injuries were caused to the vital parts of the victim making him a vegetable. There may be cases of death in accidents where the life would have ended within a fraction of second, whereas in this case, the victim viz. first respondent/claimant suffered various multiple grievous injuries, which continue to cause pain, suffering and agony.