The calculation of nutrition cost should be based on necessity and actual occurrence.
Necessity means that according to the opinion of the medical institution, a certain nutrient is necessary for the victim to recover. The calculation formula is: nutrition cost=actual necessary nutrition cost.
According to Article 24 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases, nutrition fees shall be determined according to the disability of the victim with reference to the opinions of medical institutions.
Legal basis
Article 24 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases, this interpretation shall come into force as of May 1, 2004. The provisions of this interpretation shall apply to cases of personal injury compensation of first instance newly accepted after May 1, 2004. The provisions of this interpretation shall not apply to the retrial of a case of personal injury compensation for which an effective judgment has been made according to law.
If the contents of the judicial interpretations that have come into force before the promulgation and implementation of this interpretation are inconsistent with this interpretation, this interpretation shall prevail.
