NCDRC finds 75% disability, man’s acid attack compensation raised to Rs 17 lakh

Correcting a lower disability assessment, the national consumer forum increased the Bengaluru acid attack survivor’s compensation from Rs 13 lakh to Rs 17 lakh.

acid attack survivorThe acid attack on the complainant led to prolonged treatment and 12 surgeries, with a St John’s Medical College Hospital certificate assessing his permanent disability at 75 per cent. (AI-generated image)

The National Consumer Disputes Redressal Commission (NCDRC) has raised the compensation awarded to a man in a 2007 Bengaluru acid attack case from Rs 13.19 lakh to Rs 17.21 lakh after finding that his disability was assessed at 50 per cent instead of the 75 per cent certified in a disability certificate.

Presiding member Justice Sudip Ahluwalia and member Dr Sadhna Shanker of the NCDRC were hearing Ramanathan M’s revision petition against PNB MetLife India Insurance Company Ltd and Manipal Hospital, challenging the Karnataka State Commission’s June 23, 2017 order that raised his compensation from Rs 1.5 lakh to Rs 13,19,577.

“The assessment ‘Towards permanent disability on account of disfiguration of the face’ which the learned State Commission had concluded as being Rs 8,04,576/- would now stand enhanced to Rs 12,06,864/- thereby making his total entitlement including the medical expenses and incidental expenses…Rs 17,21,865,” the commission said on August 7.

The case arose from a May 4, 2007 incident when Ramanathan visited Manipal Hospital in Bengaluru to see his brother, who was admitted after a road accident. According to his complaint, a staff nurse allegedly poured acid on him while he was in a third-floor waiting area, causing grievous burn injuries. He was given first aid before being shifted to St John’s Medical College and Hospital for specialised treatment.

12 surgeries after attack

Ramanathan, who worked as a pharmacist at the same hospital since October 2004, was covered under its group insurance policies. The attack led to prolonged treatment and nearly 12 surgeries, with a St John’s Medical College Hospital certificate assessing his permanent disability at 75 per cent.

He sought about Rs 64 lakh for medical expenses, disability, loss of earning capacity, pain and suffering and other damages. The district commission awarded Rs 1.5 lakh with 9 per cent interest on August 7, 2012.

On June 23, 2017, the Karnataka State Commission raised the award to Rs 13.19 lakh, assessing functional disability at 50 per cent, with 8 per cent interest and Rs 10,000 litigation costs, payable jointly and severally by PNB MetLife and Manipal Hospital.

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NCDRC accepts higher disability assessment

Ramanathan then approached the NCDRC seeking further enhancement, arguing that the state commission had wrongly assessed his disability at 50 per cent despite the St John’s Medical College Hospital certificate recording it at 75 per cent.

“The State Commission had assessed the disability of the Petitioner/Complainant as 50 per cent, whereas the Disability Certificate issued by the same St John’s Medical College and Hospital, Bangalore, dated 25.9.2009… goes to show that the disability suffered by the Petitioner is permanent and has been assessed at 75 per cent,” the commission said.

Ramanathan also argued that the state commission had inadequately accounted for future medical treatment, reconstructive surgeries, pain and suffering, disfigurement, loss of amenities and other losses. The NCDRC, however, interfered only with the disability assessment, noting that the 75 per cent certificate predated his 2010 complaint.

It then raised the compensation for “permanent disability on account of disfiguration of the face” from Rs 8,04,576 to Rs 12,06,864, taking his total entitlement, including medical and incidental expenses, to Rs 17,21,865 from Rs 13,19,577.

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“The Revision Petition is accordingly allowed,” the commission said, holding Ramanathan entitled to Rs 17,21,865.

The commission noted that PNB MetLife’s 2018 revision petition against the 2017 order remains pending and that the insurer was absent at the June 24, 2026 hearing. It said the August 7 order would not affect the insurer’s rights and it would be subject to the outcome of the pending petition.

It also noted that Manipal Hospital provided first aid and bore about Rs 1.5 lakh in treatment costs on humanitarian grounds. It said the insurers’ liability would be governed by their group policy terms.

Takeaway

A disability certificate is crucial in compensation claims because the percentage of permanent disability can directly affect the amount awarded. In this case, the NCDRC increased the compensation after finding that the state commission had assessed the disability at 50 per cent despite a certificate recording it at 75 per cent.

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For consumer-related grievances, individuals may contact the consumer helpline in their respective states and union territories or call the National Consumer Helpline at 1915 for assistance.

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Vineet Upadhyay is an Assistant Editor with The Indian Express (Digital), where he leads specialized coverage of the Indian judicial system. Expertise Specialized Legal Authority: Vineet has spent the better part of his career analyzing the intricacies of the law. His expertise lies in "demystifying" judgments from the Supreme Court of India, various High Courts, and District Courts. His reporting covers a vast spectrum of legal issues, including: Constitutional & Civil Rights: Reporting on landmark rulings regarding privacy, equality, and state accountability. Criminal Justice & Enforcement: Detailed coverage of high-profile cases involving the Enforcement Directorate (ED), NIA, and POCSO matters. Consumer Rights & Environmental Law: Authoritative pieces on medical negligence compensation, environmental protection (such as the "living person" status of rivers), and labor rights. Over a Decade of Professional Experience: Prior to joining The Indian Express, he served as a Principal Correspondent/Legal Reporter for The Times of India and held significant roles at The New Indian Express. His tenure has seen him report from critical legal hubs, including Delhi and Uttarakhand. ... Read More

 

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