Kerala Court Rejects Monetary 'Cure' for Intellectual Disability

The Kerala High Court has delivered a landmark ruling in favor of an intellectually disabled woman, recognizing that financial compensation cannot rectify intellectual disability. The court awarded Rs 28.33 lakh in compensation, crucially prioritizing a 'functional disability' assessment over conventional medical evaluations. This decision marks the culmination of a 22-year legal pursuit by the woman's mother for justice.

The court, presided over by Justice Shoba Annamma Eapen, directly interacted with the woman to gauge her situation. Despite being legally an adult at 25, her behavior resembled that of a young child. Initially assessed by a medical board with 80% permanent disability (75% moderate intellectual disability and 20% locomotor/functional disability), the court reassessed her functional disability at 100%.

To determine compensation, the court established a notional monthly income of Rs 3,000 for the year 2004, the accident's occurrence. Applying the 'Pranay Sethi' precedent, this income was increased by 40% for prospects, totaling Rs 4,200. The tribunal had previously awarded Rs 4,00,000 for permanent disability, with the appeal adding an additional Rs 3,56,000, bringing the total compensation to Rs 28,33,869.

Considering the woman's lifelong need for support due to her intellectual disability, the court mandated that 60% of the enhanced compensation be deposited in a long-term fixed deposit. The remaining 40% will be managed by her mother and guardian, with provisions for future withdrawal from the fixed deposit if necessary.