Bombay High Court Increases Compensation for Family of Girl Who Spent 16 Years in Coma
The Bombay High Court in Mumbai has enhanced the compensation awarded to the family of Trupti Kavale, a girl who died in 2019 after spending nearly 16 years in a coma following a road accident. Justice Jitendra Jain ordered an additional Rs 37.30 lakh to be paid to her father, recognizing the massive medical and caregiving expenses incurred during her long comatose state after she was hit by a vehicle near Mumbai Naka in Nashik.
On March 5, 2003, 12-year-old Trupti Kavale suffered severe head injuries when a Maruti Omni van hit her bicycle near Mumbai Naka. She was discharged from the hospital on June 24, 2003, but remained in a vegetative state at home for nearly 16 years. She passed away on February 5, 2019.
The court noted the tragic circumstances of the family, pointing out that Trupti's mother passed away in 2016, leaving her father to care for their only child alone. Justice Jain described the incident as very sad and unfortunate, stating that the pain of losing an only daughter cannot be calculated in monetary terms.
The High Court increased the compensation over and above the Rs 7.04 lakh previously awarded by the Motor Accident Claims Tribunal. Justice Jain observed that the tribunal had failed to adequately consider the family's daily expenses for caring for a bedridden patient, such as medicines, doctors' visits, nurses, diapers, syringes, feeding tubes, catheters, and urine bags.
The court rejected arguments that every single expense had to be supported by original bills. Justice Jain noted that expecting a claimant to keep a detailed account of all expenditures is unacceptable, especially when dealing with social welfare legislation.
After reviewing the records, the court estimated the daily caregiving expenses at Rs 600 from June 2003 until Trupti's death in 2019, awarding Rs 35 lakh under that head alone. The court also increased compensation for medical expenses, transportation, and pain and suffering. The insurance company has been directed to deposit the enhanced amount with 6% annual interest within 12 weeks.
