Prolonged hospitalization justifies enhanced compensation for attendant charges, transportation, pain and suffering, and future treatment.

The appellant, Dashrath Kashyap, sustained injuries to his head, leg, chest, shoulder and hand in a motor accident.

He underwent treatment for approximately 35 days at several hospitals, including hospitals in Chhattisgarh, Madhya Pradesh and Andhra Pradesh.

The First Additional Motor Accident Claims Tribunal, Jagdalpur, awarded him ₹1,88,750, comprising ₹1,40,000 towards medical expenses, ₹8,750 towards loss of income during treatment, and ₹40,000 towards pain and suffering, attendant charges and special diet.

The appellant filed the present appeal seeking enhancement of compensation, contending that the amounts awarded under the non-medical heads were inadequate.

The insurer opposed the appeal and submitted that the Tribunal’s award was just and proper.

1. Whether the compensation awarded by the Motor Accident Claims Tribunal under the heads of loss of income, pain and suffering, attendant charges and special diet was inadequate and required enhancement?

2. Whether the appellant was entitled to separate compensation for transportation expenses and future treatment expenses, in view of his prolonged and multi-hospital treatment?

The Court applied the principle that compensation in motor accident claims must be just and reasonable and should account not only for documented medical expenses but also for reasonable consequential expenses arising from the injury and treatment.

Compensation may be awarded under distinct heads, including loss of income during treatment, pain and suffering, attendant charges, special diet, transportation expenses and future treatment expenses.

The Court noted that victims may incur genuine miscellaneous and out-of-pocket expenses during hospitalization for which formal receipts are not available.

The Court found that the appellant’s injuries, 35-day hospitalization and treatment at multiple hospitals situated in different States justified enhancement beyond the amounts granted by the Tribunal.

Although the medical expenses of ₹1,40,000 were retained, the Court considered the award of ₹8,750 for loss of income insufficient and enhanced it to ₹35,000.

It also enhanced the combined award for pain and suffering, attendant charges and special diet from ₹40,000 to ₹80,000.

Considering the repeated hospitalization, travel between hospitals and the inconvenience necessarily incurred during treatment, the Court additionally awarded ₹40,000 towards transportation and ₹20,000 towards future treatment.

The total compensation was enhanced from ₹1,88,750 to ₹3,15,000.

After deducting the amount already awarded, the appellant was held entitled to an additional ₹1,26,250, carrying interest at 6% per annum from the date of filing of the claim application until realization.

The remaining terms of the Tribunal’s award were left undisturbed.

The Registry was directed to communicate the enhanced amount to the claimant in Hindi/Devanagari, with assistance from paralegal workers where necessary.