After Accident Victim Dies Following 76 Days Of Treatment, Chhattisgarh HC Adds ₹21,500 To Compensation For Care Costs

The appellants, the deceased’s sons, sought enhancement of compensation awarded for the death of their father, Trilok Singh Thakur, who died on 20 May 2018, 76 days after a road accident on 3 March 2018.

The Claims Tribunal awarded total compensation of ₹55,09,100, including ₹13,500 for attendant charges, ₹10,000 for special diet, and ₹5,000 for transportation. The appellants challenged the adequacy of those three amounts.

The High Court first condoned a 344-day delay in filing the appeal and then heard the appeal finally.

The appeal was brought under Section 173 of the Motor Vehicles Act, 1988, which provides for an appeal against an award of a Claims Tribunal.

The Court applied the principle that compensation under relevant heads must be just and reasonable in light of the evidence and circumstances, including the duration of treatment.

The judgment cites no specific precedent or further statutory provision governing the assessment of these expenses.

The deceased remained under treatment for 76 days before succumbing to his injuries.

Although the Tribunal considered the medical bills and awarded ₹5,60,000 for medical expenses, the High Court found the combined ₹28,500 awarded for attendant charges, special diet, and transportation to be on the low side given the duration of treatment.

It considered ₹50,000 in total under those heads just and reasonable, resulting in an additional award of ₹21,500.

It awarded an additional ₹21,500, bringing the total compensation to ₹55,30,600.

The enhanced amount carries interest at 6% per annum from 16 February 2024, the date the appeal was filed, until realization; the remaining terms of the Tribunal’s award remain unchanged.

The Registry was directed to communicate the enhanced amount to the claimants in Hindi and may enlist the assistance of paralegal workers in coordination with the concerned area’s Secretary, Legal Aid.