According to Article 24 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in Personal Injury Compensation Cases, nutrition fees shall be determined according to the disability of the victim with reference to the opinions of medical institutions.
(1) The determination of nutrition cost shall be based on the disability of the victim: if the injury is significantly minor and does not require hospitalization, nutrition cost will not be compensated generally. If the degree of injury is more than minor injury, the nutrition fee shall be compensated, and the compensation period shall be from the date of injury to the date of basic recovery.
(2) The determination of nutrition fees must refer to the opinions of medical institutions. The opinions of medical institutions should include whether additional nutrition is needed and the period for which nutrition should be strengthened. The opinion of the medical institution as a reference is a prerequisite stipulated in the Interpretation. The nutrition opinion of the medical institution should be based on the need for auxiliary treatment. If the medical institution does not issue a nutrition opinion, it can be presumed that the nutrition does not need auxiliary treatment, and no compensation should be made for nutrition fees.
(3) Calculation formula of nutrition cost: the amount of compensation for nutrition cost shall be the amount spent according to the recommendations of medical institutions.
In addition, the compensation standard for nutrition expenses can also be calculated according to the 40-60 ratio of the average living expenses of local residents.