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Bengaluru: After being hit by a speeding motorcycle while on his way home and suffering serious injuries and loss of wages, a daily wage laborer fought a long legal battle to win compensation.This saga began on May 10, 2023, when Shiv KumarThe 49-year-old man, a resident of Nelamangala taluk, was walking on the Sivagangae-Kudur road at around 6.20 pm. The rider of the motorcycle belonging to Gangamma of Koratagere taluk of Tumakuru district came at high speed and carelessly and collided with him. Kumar fell to the ground and suffered serious injuries – a fracture in his left ankle and multiple fractures in the metatarsal bones of his right foot.Kumar was immediately taken to the District General Hospital in Tumakuru. He was discharged with the advice of surgery and later admitted to Sridevi Medical College Hospital in Tumakuru on 21 May, where internal fixation was done for his left ankle fracture. The fracture of the right foot was treated conservatively by applying plaster.With regular follow-up treatment and advised bed rest, he was discharged on May 30 after a stay of 10 days. Dobbaspet police registered a case against the motorcyclist.Kumar filed a petition before the Motor Accident Claims Tribunal-3, seeking compensation of Rs 30 lakh, alleging that due to accidental injuries, he was unable to work and had incurred huge expenses on medical treatment. Before the accident, he had claimed that he was healthy and earned Rs 22,000 per month as a labourer.But the insurer, Chola MS General Insurance Company Limited, contested the claim, saying the vehicle did not have a valid fitness certificate as on the date of the accident and the compensation sought was excessive.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 did not treat her or review follow-up records, functional disability was fixed at 20%. The manager of the insurer admitted that the vehicle was insured and the rider was licensed, thereby weakening his protection, and the tribunal dismissed the alleged policy violations.Since Kumar could not produce documentary proof of his income, the tribunal applied an estimated income of Rs 16,000 per month. To this was added Rs 32,000 for loss of income during the two-month recovery period, Rs 14,421 for proven medical bills, and Rs 30,000 for future medical expenses including pain and suffering, attendant and transportation charges, loss of future facilities and recommended implant removal surgery.A tribunal bench headed by BS Honnaswami, seventh 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 the petition till recovery, which does not include Rs 30,000 awarded for future medical expenses.