Tribunal may award reasonable compensation for undocumented treatment-related expenses, including transport, attendant charges, and special diet.

The appellant-claimant sustained grievous injuries in a road accident on 16 September 2024 involving motorcycle No. CG-06-GW-7274. He was admitted to Soham Hospital, Mahasamund, from 16 September 2024 to 20 September 2024, for approximately five days, and incurred medical expenses of Rs. 70,650, supported by documentary evidence.

He filed a claim before the Motor Accident Claims Tribunal, which awarded Rs. 1,00,650, comprising medical expenses, compensation for physical pain and suffering, and mental agony and suffering. The claimant preferred an appeal under Section 173 of the Motor Vehicles Act, 1988, seeking enhancement on the ground that the Tribunal had not awarded compensation for loss of income during treatment, transportation, attendant charges, and special diet.

The appeal was filed with a delay of 69 days, which the High Court condoned under Section 5 of the Limitation Act.

Whether the delay of 69 days in filing the appeal should be condoned under Section 5 of the Limitation Act.

Whether the compensation awarded by the Claims Tribunal required enhancement for loss of income during treatment, transportation, attendant charges, and special diet.

Whether the claimant was entitled to compensation for permanent disability in the absence of medical evidence or a disability certificate.

The Court applied Section 5 of the Limitation Act, permitting condonation of delay where sufficient grounds are established, and Section 173 of the Motor Vehicles Act, 1988, which provides for an appeal against an award of a Motor Accident Claims Tribunal.

In assessing just compensation under the Motor Vehicles Act, the Court recognised that, in addition to documented medical expenses, an injured claimant may incur reasonable incidental and out-of-pocket expenses during hospitalisation and treatment, including loss of income, transportation, attendant charges, and special diet, even where formal receipts are unavailable.

The Court also proceeded on the principle that compensation for permanent disability cannot be awarded without supporting medical evidence or a disability certificate.

The Court condoned the 69-day delay and proceeded to hear the appeal on merits.

It accepted that the medical bills amounting to Rs. 70,650 had been properly considered by the Tribunal and that the awards of Rs. 15,000 each for physical pain and suffering and mental agony and suffering required no alteration.

Although the claimant had not produced evidence of permanent disability, the hospital record established a five-day admission and treatment for accident-related grievous injuries.

Applying the principle that hospitalisation necessarily entails incidental expenses not always supported by receipts, the Court awarded a consolidated sum of Rs. 40,000 for loss of income during treatment, transportation, attendant charges, and special diet.

The total compensation was consequently recalculated from Rs. 1,00,650 to Rs. 1,40,650.

The appeal was partly allowed, and the award was enhanced from Rs. 1,00,650 to Rs. 1,40,650. After deducting the amount already awarded, the claimant was held entitled to an additional Rs. 40,000, 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 and coordination with the concerned Secretary, Legal Aid.