Kerala High Court Directs KeLSA To Pay ₹5 Lakh Interim Compensation To Acid Attack Survivor For Treatment Expenses

The Kerala High Court recently directed the Kerala State Legal Services Authority (KeLSA) to disburse an amount of ₹5 lakhs as interim compensation to a victim of an acid attack to meet her urgent requirement for treatment.The plea before Justice C. Pratheep Kumar was preferred by an acid attack victim, who was attacked by two persons in 2016 when she was getting down in front of her house from a car. She had suffered serious burn injuries on her face and lost sight of her left eye.She submitted that after expending a huge sum for her treatment so far, she was no longer able to meet expenses for her further treatment. KeLSA had already awarded her a sum of Rs. 3 lakhs and she came before the High Court seeking a further sum of Rs. 15 lakhs.During the course of the proceedings, as directed by the Court, the District Legal Services Authority (DLSA), Kottayam submitted a report after interacting with the petitioner online. As per the report, it was stated that the petitioner's face remained substantially disfigured even now.The petitioner submitted before Court that she is unable to work as children get scared seeing her. Her counsels also handed some photographs, evidencing what is stated in the DLSA report.She had also produced medical certificates from June 2023, which stated that the approximate amounts needed for further treatment would be close to Rs. 4 lakhs. However, since a significant period of time had elapsed, it was argued that around Rs. 5 lakhs would be required for urgent treatment.The Court referred to the Kerala Victim Compensation Scheme, 2017 and noted that the compensation payable is Rs. 7-8 lakhs when there is disfigurement of face, Rs. 5-8 lakhs if injury caused is more than 50% whereas the minimum compensation payable is Rs. 3 lakhs in cases of disfigurement of more than 40%.It then observed:“Since from the available evidence on record it is revealed that that even after more than 9 years, the petitioner is still suffering from the injuries in the incident and her sufferings could not be expressed in terms of words… In the above circumstances, this Court deem it appropriate to direct the 2nd respondent, KELSA, to disburse a sum of Rs.5,00,000/- in addition to the amount already disbursed, as additional interim compensation to the petitioner. In case necessary funds are not available, the KELSA is directed to take up the matter with the Government to get sufficient funds for disbursing the same to the petitioner in pursuance to this order.”The Court also deemed it necessary to issue a direction to the trial court to complete the trial within 9 months of the order. It thus disposed of the plea.Case Title: XXX v. District Legal Services Authority of Kottayam and Ors.Citation: 2025 LiveLaw (Ker) 800Counsel for the petitioner: Ipsita Ojal, Arya Ashokan, Mariyamma A.K.Counsel for the respondent: S. Krishna, U. Jayakrishnan – Public ProsecutorClick to Read/Download Judgment

Kerala High Court Directs KeLSA To Pay ₹5 Lakh Interim Compensation To Acid Attack Survivor For Treatment Expenses

K. Salma Jennath

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