Kerala High Court
Shiney T K vs District Legal Services Authority Of ... on 1 December, 2025
WP(CRL.) NO. 690 OF 2023
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR
MONDAY, THE 1ST DAY OF DECEMBER 2025 / 10TH AGRAHAYANA, 1947
WP(CRL.) NO. 690 OF 2023
CRIME NO.539/2016 OF Alathur Police Station, Palakkad
PETITIONER/VICTIM:
SHINEY T K
AGED 43 YEARS
D/O KUNJUMON NELLIYAMKUNNATHU HOUSE,
MALIKA MEENACHIL POONJAR THEKKEKARA
KOTTAYAM, KERALA, PIN - 686581
BY ADVS.
SMT.IPSITA OJAL
SMT. ARYA ASHOKAN
SMT.MARIYAMMA A.K.
RESPONDENTS:
1 DISTRICT LEGAL SERVICES AUTHORITY OF KOTTAYAM
(REPRESENTED BY SECRETARY)
KANJIKUZHI - KOLLAD RD - DEVALOKAM SC RD,
DEVALOKAM, INDIRA NAGAR, KOTTAYAM,
KERALA, PIN - 686004
2 ADDL.R2.MEMBER SECRETARY
KERALA LEGAL SERVICES AUTHORITY,
NIYAMA SAHAYA BHAVAN, HIGHCOURT COMPOUND,
ERNAKULAM - 682 031 (ADDL.R2. SUOMOTO IMPLEADED
VIDE ORDER DATED 20/07/2023)
3 ADDL.R3.STATE OF KERALA
REPRESENTED BY HOME SECRETARY ,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM
(ADDL.R3. SUO MOTO IMPLEADED VIDE ORDER DATED
20/07/2023)
WP(CRL.) NO. 690 OF 2023
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BY ADV KUM.S.KRISHNA
OTHER PRESENT:
PP-SRI.U.JAYAKRISHNAN
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 01.12.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
WP(CRL.) NO. 690 OF 2023
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JUDGMENT
Dated this the 01st day of December, 2025 The petitioner is the unfortunate acid attack victim involved in Crime No. 539 of 2016 of Alathur Police Station. The prosecution case is that, on 23.05.2016 at about 7.10 p.m, when 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. Her minor daughter also sustained burn injuries in the incident.
2. According to the learned counsel for the petitioner, the petitioner obtained treatment from different hospitals, namely Little Flower Hospital, Angamaly for eye injuries and Amritha Hospital, Ernakulam for burn injuries and a huge amount was spent in that respect so far. Now she is unable to meet the expenses for the further treatment. According to the petitioner, KELSA - 2nd respondent has already awarded a sum of Rs.3,00,000/- (Rupees Three lakhs only) as compensation and therefore, in this Crl.M.C she seeks a further sum of Rs.15,00,000/- (Rupees Fifteen lakhs only) to meet the expenses required for further treatment.
3. Though the accused persons were impleaded as additional respondents 3 and 4, they did not turn up. As per order dated 24.11.2025, this Court has directed the Secretary, District Legal Services Authority, Kottayam, WP(CRL.) NO. 690 OF 2023 4 2025:KER:92650 to submit a report about the present condition of the petitioner, after contacting her either personally or online. As per report dated 29.11.2025, the Secretary, District Legal Services Authority, Kottayam reported that he contacted the petitioner online, and that 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 learned counsel for the petitioner also handed over some photographs of the petitoner, from which also it can be seen that what is stated by the Secretary, District Legal Services Authority, Kottayam, in his report is true and correct.
4. The petitioner produced Exhibit P4 certificate issued from Amritha Hospital, Ernakulam and Exhibit P5 series certificates stating the approximate amount required for the immediate treatment of the petitioner. In Exhibit P4, it is stated that further treatment is to be conducted in three stages, which is extracted below for reference:
" This is to certify that Shiney T K, 45 year old female (MRD No: 2581549), presented to our OPD with history of vitriolage in 2016, initially manged for scarring at little flower hospital. She sustained loss of vision left eye with corneal opacity, ectropion left lower eye lid, ectropion of lower lib, severe scarring over bilateral cheeks, casusing nose deformity and scares over the anterior chest wall, part of upper abdomen to WP(CRL.) NO. 690 OF 2023 5 2025:KER:92650 the right side, over the upper limbs. She is planned for staged procedure stage I: release of ectropion of left lower eye lid +FTSG release of lower lip + FTSG Z plasties for webbing over the root of nose (Facial surgical procedures or small flaps). Stage II: 1 year after stage 1, resurfacing of the face with expanded skin (tissue expansion) anterior abdominal wall or thigh (Tissue expander placement single (implant extra) + Tissue expander - 1) followed by stage III - tissue expander removal and flap advancement single. "
5. As per Exhibit P5, a sum of Rs.1,05,000/- is needed for the 1st stage, Rs.1,55,000/- is needed for the 2 nd stage and Rs.1,18,000/- is needed for the 3rd stage. The total amount covered by Exhibit P5 series will come to a sum of Rs.3,78,000/- (1,05,000/- + 1,18,000/- + 1,55,000/-). According to the learned counsel, those amounts were fixed in June 2023 and now the amount will be much more. As argued by the learned counsel for the petitioner, 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/- (Rupees Five Lakhs only) will be required.
6. The learned counsel for the petitioner relied upon the decision of the Hon'ble Supreme Court in Laxmi v. Union of India (UOI) and Ors. [(2014) 4 SCC 427], in which, for a victim involved in an acid attack in the year 2006, the Apex Court has awarded a compensation of Rs.3,00,000/- (Rupees Three Lakhs only). In the decision in Parivartan Kendra v. Union of WP(CRL.) NO. 690 OF 2023 6 2025:KER:92650 India (UOI) and Ors. [MANU/SC/1399/2015], the Apex Court clarified that the quantum of compensation mentioned in Laxmi(Supra) is not the maximum compensation that could be paid and that in deserving cases more compensation than what was ordered in Laxmi(Supra) can be awarded.
7. As per the Kerala Victim Compensation Scheme, 2017, the minimum amount of compensation payable to acid attack (disfigurement of greater than 40%) is Rs.3,00,000/-. In the instant case, since the petitioner has lost her left eyesight fully, in addition to other injuries, the disfigurement will be more than 40%. As per Schedule-II to the new scheme which came into force with effect from 20.02.2021, applicable to women victims of acid attack :
a) In case of disfigurement of face, the minimum limit of compensation is Rs. 7 lakhs and upper limit of compensation is Rs. 8 lakhs
b) In case of injury more than 50%, minimum limit of compensation is Rs. 5 lakhs and upper limit of compensation is Rs. 8 lakhs.
8. Since from the available evidence on record it is revealed 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. As I have already noted above, for the time being, she urgently requires at least a sum of Rs. 5,00,000/- (Rupees Five Lakhs only) for getting WP(CRL.) NO. 690 OF 2023 7 2025:KER:92650 the treatment, as revealed from Exhibit P4 and P5.
9. 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.
10. In the meantime, this Court further deem it necessary to issue a direction to the trial court to expedite the case against the accused persons also. The Additional Sessions Judge-III, Palakkad, requested for a period of ten months for completing the trial in the criminal case against the accused persons. 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.
The W.P(Crl.) is disposed of accordingly.
Sd/-
C. PRATHEEP KUMAR, JUDGE NJ WP(CRL.) NO. 690 OF 2023 8 2025:KER:92650 APPENDIX OF WP(CRL.) NO. 690 OF 2023 PETITIONER EXHIBITS Exhibit P1 FIR OF CRIME NUMBER 539/2016 REGISTERED AT THE ALATHUR POLICE STATION Exhibit P2 ORDER COPY OF DLSA KOTTAYAM ON 27-10-2017 Exhibit P3 TRUE COPY OF LETTER NUMBER 1267/2023/DLSA/KTM ISSUED BY THE DLSA KOTTAYAM ON 3-7-2023 Exhibit P4 THE TREATMENT PLAN ISSUED BY DR.
SUBRAMANIA IYER OF AIMS HOSPITAL ON 5-6- 2023 Exhibit P5 THE ESTIMATE CERTIFICATE OF EXPENSES ISSUED BY AMRITA HOSPITAL ERNAKULAM ON 5-
6-2023
RESPONDENT ANNEXURES
Annexure R2(a) A true copy of the Kerala Victim
Compensation Scheme, 2017 dated
05.11.2017
Annexure R2(b) A true copy of the Kerala Victim
Compensation Scheme, 2021 dated
20.02.2021