When a highway collision left Ramesh Yadav, a 34-year-old shopkeeper from a district in Punjab, paralysed and dependent on round-the-clock care, his family faced a bill no salary could cover: two full-time attendants, every day, for the rest of his life. The insurer offered a fraction, pointing to old judgments. The family fought, and the principle they relied on is the same one you can use.
Direct answer: There is no fixed cap on attendant or future-care charges. The amount is decided case by case, on the actual care the injured person needs and the current market cost of that care. In Reliance General Insurance Co. Ltd. v. Avtar Singh, 2026 INSC 625, the Supreme Court awarded ₹50 lakh as a lump sum for future attendant charges to a severely disabled victim who needed two full-time attendants for round-the-clock care, valued at current market rates. The Court held that older compensation rulings are only persuasive, not binding, because “a case for compensation has to be dealt totally individually on the facts and circumstances of that particular case.”
Insurers routinely argue that a past judgment fixed a lower figure for attendant charges, so your claim must be trimmed to match. The Supreme Court has now made the answer plain.
In Avtar Singh (2026 INSC 625), a bench of Justice Ahsanuddin Amanullah and Justice R. Mahadevan held that prior motor-accident compensation rulings are only persuasive, not binding. Each claim turns on its own facts. A figure awarded in one case, for a different injury, a different age, or a different care need, does not become a ceiling for yours.
The Court also stressed that insurance must cover the insured person “in real terms.” That means the award should reflect what care actually costs today, not a discounted or notional figure pulled from an older decision.
Two practical takeaways:
Well-known precedents such as Sarla Verma and Pranay Sethi set the broad multiplier and future-prospects method for income loss. That framework matters for loss of earnings, but attendant and future-care cost is a separate, recognised head of compensation, proved on care evidence and market rates, not squeezed into an income formula.
Attendant charges compensate the money the family must spend on carers because of the disability. The building blocks are simple:
Worked example (illustrative only)
Suppose a doctor certifies that the injured person needs two full-time attendants for life.
The total future-care head can therefore run into several tens of lakhs. In Avtar Singh, on comparable facts of two attendants for round-the-clock care, the Supreme Court fixed ₹50 lakh as a lump sum for this head alone.
Figures here are only to show the method. Your Tribunal decides the real numbers on your evidence.
Attendant charges are usually paid as a lump sum so the family does not have to return to court every year. The Tribunal may adjust for factors such as age, so always lead strong medical and cost evidence rather than leaving the figure to guesswork.
The forum for a road-accident claim is the Motor Accident Claims Tribunal (MACT), set up under the Motor Vehicles Act, 1988 (as amended). Attendant and future-care cost is claimed as one head within your overall compensation petition.
Keep every receipt and medical paper. The stronger your evidence of real care cost, the harder it is for the insurer to push you toward an outdated figure.
No. The Supreme Court in Avtar Singh, 2026 INSC 625, confirmed that compensation is decided individually on each case's facts. There is no fixed statutory cap on attendant or future-care charges.
It can cite one, but that judgment is only persuasive, not binding. The Court held that a past award does not become a ceiling. Your claim is judged on your own care need and current market costs.
The Court awarded ₹50 lakh as a lump sum for future attendant charges, because the severely disabled respondent needed two full-time attendants for round-the-clock care at current market rates.
A disability certificate, a doctor's opinion on how many attendants are needed and for how long, and proof of current attendant cost in your area such as wage receipts, an agency quotation, or an affidavit.
They are usually awarded as a lump sum covering future years, so the family does not have to return to the Tribunal repeatedly. The Tribunal fixes the amount on the care evidence you provide.
The Motor Accident Claims Tribunal, set up under the Motor Vehicles Act, 1988, as amended. Attendant and future-care cost is claimed as one head within your compensation petition.
Explainer prepared for RTI Wiki by Dr. Shrawan Kumar Pathak. This is general legal information, not legal advice. For your own claim, consult a qualified advocate.