After 7-Day Hospital Stay, Chhattisgarh HC Adds Rs 20,700 To Injured Woman’s Compensation For Pain And Incidental Costs

The claimant appealed against the award of the Eighth Additional Motor Accident Claims Tribunal, Bilaspur, which had granted her ₹91,300 for injuries sustained in a motor accident.

She had been treated at S.K.B. Multispecialty Hospital and Trauma Care Centre for seven days, where she underwent surgical procedures and received stitches.

The Tribunal’s award comprised ₹82,300 for medical and treatment expenses, ₹2,000 for pain and suffering, and ₹7,000 for special diet.

The claimant sought enhancement; the insurer opposed the appeal.

The High Court found no evidence of permanent disability or grievous injury.

The judgment does not expressly identify or apply a particular statutory provision or precedent.

It applies the principle that compensation should be just and reasonable, including recognition that a victim may incur necessary miscellaneous out-of-pocket expenses during hospitalisation and treatment even when formal receipts are unavailable.

The Court considered the nature of the claimant’s injuries, the surgical treatment and stitches, and her seven-day hospitalisation.

Although the documented medical expenses had been awarded, the Court reasoned that treatment and hospitalisation necessarily involve additional expenses that may not be supported by receipts.

It therefore found enhancement of the medical-expense and pain-and-suffering awards appropriate and considered a separate sum for attendant and transportation expenses justified.

The award for special diet was found adequate.

This included ₹85,000 for medical and treatment expenses, ₹7,000 for special diet, ₹10,000 for pain and suffering, and ₹10,000 for attendant charges and transportation.

The additional ₹20,700 was made payable with interest at 6% per annum from the date of filing the claim application until realisation; the remaining terms of the Tribunal’s award were left unchanged.

The Registry was directed to communicate the enhanced amount to the claimant in Hindi.