Unexpected development in the Nong Cartoon collision incident

A Mom's Unending Battle

After a fateful car crash 11 years ago, Saranya Chamni, 45, is once more at a crossroads – whether to continue the long-drawn-out legal and medical battle for her daughter, Nong Cartoon, or concede and let her live out her remaining days in peace.

The tragedy's inception

On the balmy night of Sept 19, 2014, Namphueng Jaisangiam, then 22, engaged in illegal street racing, losing control of her modified pickup truck. In a horrific turn, she plowed into the "Lung Yai Steakhouse" at Soi Ekkachai 119's entrance in Bangkok's Bang Bon district.

The crash claimed the life of the shop owner, Phanuthat Saksitphan, 42 – Saranya's loving husband – who selflessly gave his life to shield their five-year-old daughter, Narasiri, affectionately known as Nong Cartoon. The collision, however, left Nong Cartoon with severe brain trauma, rendering her blind and mute, and requiring ongoing medical care since then.

The hefty medical bills for Nong Cartoon have soared, surpassing 1.9 million baht to date.

Since the accident, Namphueng, now known as Wanthanan Phiewkliang, has shirked her responsibility, failing to offer any compensation or remorse. Instead, she disappeared, leaving Saranya to face the heart-wrenching burden alone.

A lengthy court battle

On Aug 18, 2015, the Thonburi Criminal Court sentenced Namphueng to two years and six months in prison but reduced the sentence to one year due to her confession and lack of prior criminal convictions. She was also fined 3,000 baht and ordered to pay 6.3 million baht in compensation to the family of Nong Cartoon. Despite her release from prison, Nong Cartoon's loved ones have yet to experience any communication or financial aid from Namphueng.

One of Namphueng's cryptic Facebook posts reads: "I wasted time with this mother and daughter at the steak shop... I paid for my car, and my car was wrecked. Who's going to pay for that? You guys are selfish, fools. PS I'm just complaining. I won't pay what they asked for, I'll stretch it out until the statute of limitations runs out, haha!"

The 10-year statute of limitations expired on Sept 19 last year, leaving Namphueng's financial obligations unpaid. She claimed to possess no assets to settle the compensation. However, some suspicious sources suggest that she transferred her assets ahead of her sentencing.

Despite the financial relief the compensation provided, it has not alleviated Saranya's burdens, as Nong Cartoon's medical expenses once reached 100,000 baht a month.

In an attempt to bear the mounting costs, Saranya decided to restart the steakhouse on Suksawat Road in Ratburana district. She also launched a Facebook page to keep her 219,000 followers updated on Nong Cartoon's condition, the legal proceedings, and, when necessary, solicit donations.

Still standing tall

Recently, Saranya provided an update on Nong Cartoon's condition, stating that she is afflicted with a severe lung infection and has been confined to the ICU for three weeks. A doctor recommended that she would require a ventilator for the rest of her life.

At one point, Saranya contemplated giving up, allowing her daughter to pass away peacefully, her pain echoing across social media. The response was not criticism directed at her but at a flawed justice system that had failed to deliver for this courageous mother and her severely injured daughter.

Bangkok MP Rukchanok Srinork from the People’s Party brought the justice system's shortcomings to light, highlighting the stark contrast between the lives of Saranya and Namphueng, who posts pictures of her luxurious lifestyle on social media.

Saranya, interviewed later by the media, shared her thoughts: "Initially, I thought about letting her go, contemplating that Nong Cartoon has suffered enough, being bedridden for 11 years. But the other day, when I visited her, I called her name. She responded, opened her eyes and searched for the sound. Her fingers twitched. It became so hard to let her go, so I decided that if her condition improves enough for her to leave the hospital, I'll take her home and care for her myself. At present, I am exploring new legal ways to pursue the responsible party."

Pursuing justice

Justice Minister Pol Col Tawee Sodsong expressed concern about enforcing the judgment, acknowledging that under Thailand's Civil and Commercial Code, there is a 10-year statute of limitations for judgments. With the expiry of this period, the plaintiff, in this case, Nong Cartoon, must pursue an asset investigation against the driver.

Although the 10-year enforcement period has elapsed, Saranya can still ask the court to extend the asset investigation period for the driver who crashed into Nong Cartoon. This case also raises questions about human rights, prompting the minister to explore legal provisions concerning the "Justice Fund" to ascertain possible assistance.

Kosolwat Inthuchanyong, director-general of the Office for Rights Protection, Legal Aid, and Enforcement of Judgments under the Office of the Attorney General, suggested another option. He explained that although the civil case has exceeded the statute of limitations, Saranya can convert it into a criminal case by filing charges of fraudulent concealment of assets from creditors. "This can be pursued by investigating the transfer of assets by Namphueng, as such transfers must be supported by evidence," he added.

It's essential for Saranya to seek counsel from legal experts to closely analyze these possibilities and choose the most viable course of action moving forward.

[1] Varavudh Panichratsamee. (2020, July 30). Complicated path to justice for seriously injured girl. The Bangkok Post. https://www.bangkokpost.com/thailand/general/2141593/complicated-path-to-justice-for-seriously-injured-girl

Saranya Chamni, in her ongoing battle for her daughter's medical wellness, has encountered various chronic diseases, including chronic kidney disease and respiratory conditions.
Eye health and hearing have also become significant concerns for Nong Cartoon, as a result of the car accident, necessitating regular care and appointments.
The family's struggle for health and wellness has spilled over into fitness and exercise, as they constantly adapt to Nong Cartoon's unique needs, striving for her optimal care.
Mental health and men's health also hold significant importance in this family, given the emotional toll and the need for Saranya's husband's support.
Womens' health and skin care are crucial aspects of Saranya's personal wellbeing, as she navigates this journey of parenting under trying circumstances.
The family's plight has raised questions about policies and legislation concerning accidents, car accidents in particular, within the politics of Thailand.
General news outlets have been reporting on this ongoing saga, analyzing the intricacies of policy and politics as they relate to health and wellness.
Therapies and treatments have become an integral part of Nong Cartoon's life, providing a means to manage and alleviate her medical conditions.
As the family grapples with financial burdens due to mounting medical expenses, they have turned to various forms of fundraising, including soliciting donations online.
The case of Saranya Chamni and her daughter, Nong Cartoon, has highlighted the need for improvements in workplace-wellness policies, to provide adequate support for employees facing similar hardships.
The story of this resilient mother and her severely injured daughter serves as a poignant reminder of the impact of accidents and the importance of comprehensive health insurance, chronic disease management, and mental health support systems in our society.