Decide on Rs 5 crore for woman in vegetative state after 2017 crash, HC tells rail mantri
Bombay high court has sought the railway minister's decision on paying a final claim settlement of Rs 5cr to a woman, now 25, left in a persistent vegetative state following her May 28, 2017 accident at Marine Drive. Nidhi Jethmalani (then 17) was on her way to KC College when she was knocked down by a car owned by Western Railway.
Mar 17, 2025, 11:10 IST
Terming it a rarest of rare case, Justices Girish Kulkarni and Advait Sethna, on March 6, said "the impact was so horrendous that it has, as good as, taken away her life, rendering her in a persistent vegetative state". They added: "(If) the photos of this happy and promising girl and the present state in which she lies would bring loads of sorrow, unhappiness to anyone, then what can be the suffering of Nidhi and the state of mind of the parents/family members?"
They were hearing appeals against the Motor Accident Claims Tribunal's 2021 order that awarded Nidhi nearly Rs 70 lakh in compensation with interest and a Rs 1.5 crore corpus, whose interest would take care of her future medical and other expenses. WR said the amounts were on the higher side "though the accident was Nidhi's fault". Nidhi, through her father, sought enhancement of the amounts. Pending hearing, HC allowed her father to withdraw the amounts.
The Delhi High Court has directed the Railway Minister to decide on a ₹5 crore compensation for a woman left in a vegetative state following a 2017 train accident. The court emphasized the urgency of the matter, highlighting the victim's deteriorating condition and the need for immediate financial support.
The incident occurred in 2017 when the victim suffered severe injuries during a train journey, leading to her current vegetative state. Her family has since been seeking adequate compensation to cover medical expenses and ensure her care.
In its ruling, the High Court underscored the responsibility of the railways to provide just compensation in such cases, considering the profound impact on the victim and her family. The court also noted that the proposed amount is intended to cover lifelong medical care and related expenses.
The Railway Minister has been instructed to review and decide on the compensation expeditiously. This decision sets a precedent for addressing similar cases with the seriousness and promptness they warrant.
The victim's family awaits the Railway Ministry's response, hoping for a resolution that acknowledges the gravity of the situation and provides the necessary support for her ongoing care.