Bengaluru: After being knocked down by a speeding motorcycle while walking home and sustaining grievous injury and loss of pay, a daily wage labourer fought a lengthy legal battle for securing compensation.The saga began on May 10, 2023, when Shiva Kumar, a 49-year-old resident of Nelamangala taluk, was walking along Shivagange- Kudur Road at around 6.20pm. The rider of the motorcycle, owned by Gangamma of Koratagere taluk, Tumakuru district, came at high speed in a rash and negligent manner and dashed against him. Kumar fell to the ground and sustained grievous injuries — displaced fractures to his left ankle and multiple fractures to the metatarsal bones of his right foot.Kumar was immediately rushed to the district general hospital, Tumakuru. He was discharged with advice for surgery and subsequently admitted to Sridevi Medical College Hospital, Tumakuru, on May 21, where he underwent internal fixation for the left ankle fracture. The right foot fractures were treated conservatively with plaster application.He was discharged on May 30 after a 10-day stay, with advice for regular follow-up treatment and bed rest. Dobbaspet police registered a case against the motorcycle’s rider.Kumar filed a petition before Motor Accident Claims Tribunal-3, seeking Rs 30 lakh in compensation, alleging that on account of the accidental injuries, he was unable to work and had incurred huge expenses towards medical treatment. Prior to the accident, he claimed he was healthy, earning Rs 22,000 per month as a labourer.But the insurer, Chola MS General Insurance Company Ltd, contested the claim, stating the vehicle lacked a valid fitness certificate as on the date of the accident and that the compensation sought was highly exorbitant.After hearing both sides, the tribunal examined witnesses, including a hospital records officer and the doctor who assessed Kumar’s disability at 22%. Since the doctor had not treated him or reviewed follow-up records, functional disability was fixed at 20%. The insurer’s manager admitted the vehicle was insured and the rider licensed, weakening its defence and leading the tribunal to reject alleged policy violations.Since Kumar could not produce documentary proof of his income, the tribunal applied a notional income of Rs 16,000 per month. To this were added Rs 32,000 for loss of income during the two-month recovery period, Rs 14,421 towards proven medical bills, and Rs 30,000 each towards pain and suffering, attendant and conveyance charges, loss of future amenities, and future medical expenses including a recommended implant removal surgery.The tribunal bench of headed by BS Honnaswamy, VII Additional SCJ and ACJM, Member MACT-3 on May 2, directed the insurance company to pay a total compensation of Rs 6.7 lakh with interest at 6% per annum from the date of petition till realization, excluding the Rs 30,000 granted towards future medical expenses.
