Motor accident compensation must include reasonable diet, attendant, and transportation expenses during hospitalization.

Late Damru Sethiya sustained injuries in a motor-vehicle accident on 11 March 2021 and died on 27 March 2021, after remaining under hospital treatment for 16 days.

His legal representatives, Arjun Sethiya and Malati Sethiya, instituted a claim before the Motor Accident Claims Tribunal. By award dated 5 October 2023 in Claim Case No. 227/2021, the Tribunal awarded total compensation of ₹16,81,463, including ₹1,99,663 towards medical expenses.

The claimants filed the present appeal under Section 173 of the Motor Vehicles Act, 1988, seeking enhancement on the ground that no compensation had been awarded for diet, attendant charges, and transportation expenses incurred during the deceased’s 16-day treatment period.

1. Whether the claimants were entitled to additional compensation towards diet, attendant charges, and transportation expenses incurred during the deceased’s 16-day treatment and hospitalization.

2. Whether the compensation awarded by the Tribunal required modification under Section 173 of the Motor Vehicles Act, 1988.

The Court applied Section 173 of the Motor Vehicles Act, 1988, which permits an aggrieved party to appeal against an award of a Claims Tribunal.

The governing principle was that compensation in a motor-accident claim must be just and reasonable and should account for reasonable treatment-related expenses proved or established from the circumstances of the case.

On the facts, the Court recognized diet, attendant, and transportation expenses as compensable heads connected with the deceased’s hospitalization.

The Court accepted that the deceased remained under treatment for 16 days between the accident and his death.

Although the Tribunal had considered the medical bill and medicine bills and awarded ₹1,99,663 towards medical expenses, it had omitted any amount for diet, attendant services, and transportation.

Considering the duration of treatment and hospitalization, the Court held that a consolidated sum of ₹20,000 under these heads would be just and reasonable.

The omission constituted a ground for limited enhancement of the compensation.

The enhanced amount was directed to carry interest at 6% per annum from the date of filing of the claim petition until realization.

The Tribunal’s award was modified to that extent, with the remaining conditions left undisturbed.

The Registry was also directed to communicate the enhanced amount to the claimants in Hindi Devanagari, with assistance from paralegal workers and coordination with the concerned Legal Aid Secretary.