Mumbai: Superior Bombay Court He has sought the decision of the railway minister to pay a final claim agreement of RS 5CR to a woman, now 25 years old, who stays in a persistent vegetative state After its accident of May 28, 2017 in Marine Drive. Nidhi Jethmalani (Then 17) He went to KC College when he was demolished by a car owned by Western Railway.
When qualifying a rarely case, Judges Girish Kulkarni and Advait Sethna, on March 6, said that “the impact was as horrible that, as good as, he took his life, has removed it in a persistent vegetative state.” They added: “(Yes) the photos of this happy and promising girl and the current state in which you lie would contribute a lot of pain, unhappiness to anyone, what can be the suffering of Nidhi and the mood of the parents/family?”
They were listening to appeals against the Automobile Accident Claims CourtOrder 2021 of 2021 that gave Nidhi almost 70 Lakh in compensation with interest and a corpus of 1.5 million rupees, whose interest would be in charge of its future medical expenses and other expenses. WR said the amounts were on the upper side, “although the accident was Nidhi’s fault.” Nidhi, through his father, sought to improve amounts. Pending audience, HC allowed his father to withdraw the amounts.
“In our opinion, this is a rarer case … we ask interested officials to the defendant (WR) to take instructions at the highest level of the Ministry (Railway Minister), who in our opinion would consider and sympathize graciously with the gross facts of the case and would make a decision, without this being treated as a precedent,” said Juades Girish Kulkarni and Avit Seth Sethna Avit 6.
The defenders of Nidhi, Saume Traumatic brain injury That is irreversible. They drawn an analogy of their condition with the late Shanbaug aruna, which was in a persistent vegetative state for more than 41 years. The judges said that the worst part of the accident was taken by Nidhi’s head, “resulting in serious damage to the brain, which for a layman in medicine requires great courage to read the details.” They described “the impact of such an unfortunate incident was so horrible that, as good as, he has taken his life, in a persistent vegetative state.” “(Yes) The photographs of this happy and promising girl and the current state in which you lie would contribute a lot of sadness, unhappiness to anyone, what can be the suffering of Nidhi and the mood of the parents/members of the family?” They wondered.
The judges pointed out that the parents “incredibly” “always affectionate” of Nidhi have done everything possible to provide expensive medical help to their daughter. “Taking into account the tremendous expense that will be incurred, the terrible experience of the suffering of the parents and Nidhi,” the amount of the prize, in our opinion, is certainly insufficient to satisfy such expense. “
Observing that “the procedures should not be awarded, since this is an adequate case that must go for the agreement”, the judges requested that the Vidyarthis and the lawyer Senior GS charge and the defender of TJ Pandian, by WR, try an agreement for a settlement considering “such a painful nature of the case.” Nidhi’s father offered to settle for RS 5 million rupees, excluding the amounts paid above.
By postponing the hearing, the judges were quite sure that “considering the peculiarity of the case … being a gross case of human suffering, the respondents would show magnanimity” to resolve the amount offered in the name of Nidhi.
