Chandigarh: The Punjab and Haryana high court has enhanced the compensation from Rs 78.1 lakh to Rs 3.61 crore for a girl who suffered catastrophic injuries as a child in a 2011 road accident, leaving her in a permanent vegetative state.The court observed that Ashkara Jain, who was just 9 when the accident occurred in Gurgaon on June 5, 2011, will remain bedridden for life. In her recent orders, Justice Archana Puri held, “This girl would miss out on having a normal happy-go life. She will miss out playing with her friends. She cannot communicate; she cannot enjoy the pleasures of life; she cannot even be amused by watching cartoons or films; she will miss out the fun of childhood, the excitement of youth; the pleasures of marital life and also having her further extension through progeny.“The ruling came on cross-appeals filed by an insurance company seeking a reduction of the award and the claimant seeking an enhancement.The court said that the crash, caused by rash and negligent driving, resulted in severe traumatic brain injury and 100% permanent disability. She has since remained bedridden and dependent on constant medical care. Medical evidence presented before the court showed she is unable to speak, move, or perform basic bodily functions, requiring tube feeding and continuous nursing support. Doctors testified that her chances of recovery are remote.The Motor Accident Claims Tribunal, Gurgaon, had earlier awarded Rs 78.1 lakh. The HC found this amount insufficient, criticising the fact that future medical expenses and pain and suffering were limited to just two years in the initial ruling.Reassessing the damages with a more realistic approach factoring in lifelong care, the HC’s revised compensation includes Rs 1.22 crore for future medical expenses, Rs 1.22 crore for attendant care, Rs 30 lakh for pain and suffering, and Rs 34 lakh for medical expenses already incurred, along with additional sums for loss of amenities, special diet, and transportation.
