Bombay HC Says Parents' Loss Beyond Money, Enhances Compensation In 16-Year Coma Case

Mumbai: Observing that the suffering of parents who lost their only daughter after she remained in a coma for nearly 16 years cannot be compensated in monetary terms, the Bombay High Court has enhanced the compensation awarded to the family.

Justice Jitendra Jain enhanced the compensation by Rs 37.30 lakh over and above the Rs 7.04 lakh awarded earlier by the Motor Accident Claims Tribunal.

On March 5, 2003, Trupti Kavale, 12, suffered severe head injuries after a Maruti Omni van hit her bicycle near Mumbai Naka in Nashik. She was discharged from the hospital on June 24, 2003. She remained in a coma for nearly 16 years before dying on February 5, 2019.

Calling it “a very sad and unfortunate incident”, the court noted that the girl’s mother died in 2016, leaving the father to care for their only child alone.

“The pain of losing a young and only daughter aged 12 years cannot be calculated in monetary terms by any stretch of imagination. Such pain for the parents is insurmountable,” Justice Jain said.

The court found that the tribunal had failed to adequately consider the family’s medical expenses and the daily cost of caring for a bedridden patient at home. It noted that expenses on urine bags, catheters, feeding tubes, syringes, diapers, nurses, medicines and doctors’ visits were unavoidable. “When a person is in a vegetative condition and at home, one cannot lose sight that various expenses are required to be incurred on the patient…. It cannot be said that these expenses were never incurred,” the judge said. 

Rejecting the argument that every expense had to be supported by bills, the court observed, “To expect the claimant to keep a detailed account of each and every expenditure supported by original bills… is also not acceptable, more so when we are dealing with social welfare legislation.”

After examining the records, the court estimated the family’s daily caregiving expenses at Rs 600 from June 2003 until Trupti’s death, awarding Rs 35 lakh under that head alone.

The court also increased compensation towards transportation, medical expenses and pain and suffering. It directed the insurance company to deposit the enhanced amount with 6% annual interest within 12 weeks.

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