Prolonged hospitalization warrants enhanced compensation for pain, attendant care, special diet, and transportation.

On 25 October 2008, a collision between a motorcycle and a truck caused the 31-year-old motorcycle rider to suffer fractures of the tibia and fibula.

The Tribunal found the truck driver responsible and awarded total compensation of ₹6,13,850, including amounts for pain and suffering, medical expenses, attendant’s charges, special diet, transport, and loss of income.

The claimant appealed, seeking enhancement.

The High Court noted that the claimant had been hospitalised for more than 45 days.

1. Whether the Tribunal’s award for pain and suffering, attendant’s charges, special diet, and transportation required enhancement in light of the claimant’s injuries and hospitalisation

2. Whether the Tribunal’s assessment of disability, income, medical expenses, and loss of income warranted appellate interference

The judgment does not cite any statute or precedent.

It applies the principles that compensation must be assessed on the evidence, including medical and documentary evidence, and that appellate enhancement is appropriate where the amounts awarded under relevant heads are inadequate in light of the circumstances.

It also applies the principle that interest on enhanced compensation may run from the date of filing of the claim petition; the Court upheld the Tribunal’s rate of 9% per annum.

The Court found no basis to disturb the assessment of 20% whole-body disability, income of ₹13,283, or the amounts awarded for medical treatment, actual loss of income, and future loss of income, because these were supported by medical or documentary evidence.

However, given the claimant’s hospitalisation for more than 45 days, it considered the awards for pain and suffering, attendant’s charges, special diet, and transportation inadequate.

It increased pain and suffering compensation from ₹10,000 to ₹75,000 and fixed an aggregate ₹50,000 each for attendant’s charges, special diet, and transportation.

The Court determined total compensation at ₹8,16,780 and stated that the enhanced compensation was ₹2,02,930.

The enhanced amount was to carry interest at 9% per annum from the date of filing the claim petition until realisation, and the insurer was directed to deposit it with interest within eight weeks of receiving the judgment; disbursement was ordered by NEFT/RTGS after verification.