Kerala High Court Directs KeLSA To Disburse Additional ₹5 Lakh Interim Compensation To Acid Attack Survivor For Treatment Expense And Expedite Criminal Trial
Safiya Malik
The High Court of Kerala Single Bench of Justice C. Pratheep Kumar has directed the Kerala State Legal Services Authority (KeLSA) to disburse ₹5 lakh as additional interim compensation to an acid attack victim to meet her immediate medical expenses, in addition to the amount earlier sanctioned. The writ petition, filed by the victim, sought further financial support for multi-stage reconstructive and eye-related treatment after she sustained serious facial burns and loss of vision when acid was allegedly poured on her outside her residence. The Court further instructed the trial court in Palakkad to expedite the pending sessions case against the accused persons and dispose of it within nine months from receipt of the order.
The matter concerns a writ petition filed by the victim of an acid attack relating to an incident dated 23.05.2016. The prosecution case recorded that when the petitioner was alighting from a car near her residence, the first accused, acting with the common intention of another accused, poured acid on her face, causing serious burn injuries and loss of eyesight in the left eye. Her minor daughter also suffered burn injuries in the same incident.
The petitioner stated that she underwent treatment at Little Flower Hospital, Angamaly for eye injuries and at Amrita Hospital, Ernakulam for burn injuries, incurring substantial medical expenses. She contended that she is unable to meet further treatment costs. It was submitted that the Kerala Legal Services Authority (KELSA) had earlier granted ₹3,00,000 as compensation, and she now sought an additional ₹15,00,000 for future medical procedures.
Pursuant to a court direction, the Secretary, District Legal Services Authority, Kottayam interacted with the petitioner and submitted a report on her present condition. The petitioner also produced medical certificates (Exhibits P4 and P5) detailing the required treatment stages and estimated expenditure. The writ petition sought intervention for immediate financial assistance towards treatment.
The Court observed the gravity of the incident, noting that “the defacto complainant was alighting from a car in front of her house, the 1st accused, in furtherance of the common intention of both the accused persons, poured acid on the face of the defacto complainant, resulting in serious burn injuries on her face and loss left eye sight.” It also recorded that the petitioner’s minor daughter had sustained injuries.
The Court stated that the petitioner had undergone treatment at different hospitals and that “a huge amount was spent in that respect so far. Now she is unable to meet the expenses for the further treatment.” It noted that KELSA had already awarded ₹3,00,000.
Regarding the petitioner’s current condition, the Court referred to the Secretary’s report, stating: “even now her face is substantially disfigured. Her left eye seems to be totally damaged, and she claims that her left eye sight is totally lost. She could not even go for any job as children used to be scared on seeing her.”
The Court examined Exhibit P4, reproducing the medical certification that described the multiple injuries and the planned three-stage surgical procedure, including release of ectropion of the left eyelid, lip reconstruction, Z plasties, tissue expansion, and eventual flap advancement. It further recorded from Exhibit P5 that “a sum of Rs.1,05,000/- is needed for the 1st stage, Rs.1,55,000/- is needed for the 2nd stage and Rs.1,18,000/- is needed for the 3rd stage,” totalling ₹3,78,000, while noting the petitioner’s submission that these figures were estimated earlier and may have increased.
The Court stated that “from the materials available on record it is revealed that, for the time being, for the immediate and urgent treatment of the petitioner at least a further sum of Rs.5,00,000/-… will be required.”
It referred to decisions of the Supreme Court, noting that in Laxmi v. Union of India the Court had awarded ₹3,00,000 to an acid attack victim, and in Parivartan Kendra v. Union of India it was clarified that this amount was not a ceiling and that higher compensation may be granted in deserving cases.
The Court examined the Kerala Victim Compensation Scheme and recorded that the petitioner’s disfigurement and loss of eyesight placed her within the categories warranting higher compensation. It observed that “even after more than 9 years, the petitoner is still suffering from the injuries in the incident and her sufferings could not be expressed in terms of words.” It found an urgent requirement of financial support for treatment.
The Court directed that “the 2nd respondent, KELSA, [is] 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.”
“Accordingly, there will be a direction to the Additional Sessions Judge-III, Palakkad, to dispose of Sessions Case No. 497 of 2019 within a period of nine months from date of the receipt of a copy of this order.”
Advocates Representing The Parties
For the Petitioner: Smt. Ipsita Ojal; Smt. Arya Ashokan; Smt. Mariyamma A.K.
For the Respondents: Kum. S. Krishna; PP – Sri. U. Jayakrishnan
Case Title: XYZ v. District Legal Services Authority of Kottayam & Ors.
Neutral Citation: 2025: KER:92650
Case Number: WP(CRL.) No. 690 of 2023
Bench: Justice C. Pratheep Kumar
