JUDGMENT :

B. Veerappa, J.

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.

4. Respondent No.2-Insurance Company filed its objections denying the age, monthly wages/income, avocation of all the petitioners, deceased and also manner in which the accident took place. It is further contended that the accident occurred on account of rash and negligent driving of driver of offending vehicle and contended that it had issued policy in respect of Omni Car, but their liability is subject to terms and conditions of the policy. Respondent No.2 further stated that the compensation claimed by the appellant is exorbitant and baseless. Therefore, sought to dismiss the appeal.

5. Based on the pleadings, the Tribunal framed the following issues, which reads as under:

"ISSUES IN ECA NO.156/2015

1. Whether the petitioner proves that he comes within the purview of the word 'Employees' under the provisions of the Employee's Compensation Act, 1923?

2. Whether the Petitioner proves that the injuries caused to him was during the course of his employment under the respondent No.1?

3. Whether the petitioner proves his age and income?

4. Whether the petitioner proves that the alleged injuries caused to him in the accident dated 1-3- 2015 at about 5.30 a.m. on NH-206 near Belenahalli Village, Tharikere Tq?

5. Whether the petitioner is entitled for compensation? If so, how much and from whom?

6. What order?

6. The claimant was examined as PW-5 and the Doctor was examined as PW-6. The documents got marked at Ex.P.1 to Ex.P.49 in respect of the cases arising out of the same accident. The Insurance Company-respondent No.2 has not led any evidence or produced any documents.

7. The Tribunal considering the entire material on record has recorded a finding that the claimant proved that the accident occurred during the course of the employment under respondent No.1. He also proved his age and monthly wages and also proved that the accident occurred on 01.03.2015 at about 5.30 a.m., at Belenahalli Village near Tarikere Taluk and he is entitled for the compensation. Accordingly, the Tribunal awarded a total compensation of Rs.5,51,540/- with interest at the rate of 12% per annum from the date