A daily wage labourer in Bengaluru, who was grievously injured after being knocked down by a speeding motorcycle while walking home, has secured a compensation of Rs 6.7 lakh after a lengthy legal battle. The incident occurred on May 10, 2023, when Shiva Kumar, a 49-year-old resident of Nelamangala taluk, was walking along Shivagange-Kudur Road at around 6.20 pm. The motorcycle rider, who was riding at high speed in a rash and negligent manner, collided with Kumar, causing him to fall and sustain severe injuries.
Injuries and Medical Treatment
Kumar suffered displaced fractures to his left ankle and multiple fractures to the metatarsal bones of his right foot. He was immediately rushed to the district general hospital in Tumakuru and later admitted to Sridevi Medical College Hospital 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 hospital stay, with advice for regular follow-up treatment and bed rest.
Legal Proceedings
Dobbaspet police registered a case against the motorcycle rider. Kumar filed a petition before the Motor Accident Claims Tribunal-3, seeking Rs 30 lakh in compensation. He alleged that due to the accidental injuries, he was unable to work and had incurred huge medical expenses. Before the accident, he claimed he was healthy and earning Rs 22,000 per month as a labourer. However, the insurer, Chola MS General Insurance Company Ltd, contested the claim, stating that the vehicle lacked a valid fitness certificate and that the compensation sought was exorbitant.
Tribunal's Decision
After hearing both sides, the tribunal examined witnesses, including a hospital records officer and a doctor who assessed Kumar's disability at 22%. Since the doctor had not treated Kumar or reviewed follow-up records, functional disability was fixed at 20%. The insurer's manager admitted that the vehicle was insured and the rider licensed, weakening its defence and leading the tribunal to reject alleged policy violations. As 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.
Compensation Awarded
The tribunal, 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. This decision brings closure to a two-year ordeal for the daily wage labourer, who fought for justice despite his financial hardships.
