(1.) The claimant filed the present appeal before this Court against the judgment and award dated 07.10.2016 made in ECA.No.156/2015 on the file of the X Additional Judge, Court of Small Causes (SCCH-16), Bengaluru, allowing the petition in part by awarding a total compensation of Rs.5,51,540/- with interest at the rate of 12% p.a from the date of accident i.e., 01.03.2015 till its realization.
(2.) The claimant filed ECA.No.156/2015 under Section 22 of the Workmen's Compensation Act, 1923, claiming compensation on account of injuries sustained during the course of employment with respondent No.1. On 01.03.2015 at about 5.30 a.m., the claimant was driving a Omni Car bearing No.KA.05/MH.0821 in a rash and negligent manner, because of which, he hit the Car to the road side tree. Due to the said reason, one person died, inmates of the Car and others sustained grievous injuries. The claimant was immediately shifted to the General Hospital, Tharikere by the public, there he took first-aid-treatment and then, shifted to Sahyadri Narayana Multispeciality Hospital, Shimoga. On two occasions, for more than 15 days claimant underwent surgeries for fixation of external fixator as well as steel rods and skin grafting and required two more surgeries in the near future for the removal of the same. It is further case of the appellant that he was earning monthly wages Rs.15,000/- and Rs.100/- as bata per day, totally the income of the appellant is Rs.18,000/- per month. Due to subsisting disability, the appellant is incapable to continue his avocation as driver or manual labor. As on the date of the accident, the appellant was aged about 27 years. Therefore, he is seeking for enhanced compensation.
(3.) As per the ranking of the parties before the Court below, notice was issued to respondent No.1. Respondent No.1 remained absent, hence he was placed ex-parte.