H.L. Dattu, J. - (1.) Leave granted.
(2.) This appeal is directed against the judgment and Decree passed by the High Court of Karnataka in MFA No. 10869 of 2006 dated 9th day of December, 2009, whereby the High Court has partly allowed the appeal and enhanced the compensation awarded by the Court of Small Causes, Bangalore (Tribunal for short) in MVC Case No. 5124 of 2004 dated 25.03.2006. The Tribunal has awarded a sum of Rs. 1,13,900/- with interest at 6% p.a. from the date of the claim petition till the date of deposit as against the claim of the Appellant for Rs. 5,50,000/-. The High Court, by its impugned judgment and order, has marginally increased the compensation awarded by the Tribunal. The Appellant, being aggrieved by the compensation awarded by the Tribunal and the High Court, has filed this appeal.
(3.) The facts of the present case are as follows: The Appellant was working as a Coolie and earning Rs. 4500/-per month. He was riding as pillion on a motorcycle with one Hanumanthappa, when they met with an accident. Appellant sustained grievous injuries. He was treated in a private nursing home and his treatment continued for a long time. In the claim petition, it was his case and claim that even after treatment, his right hand is completely disabled and due to which, his work and livelihood completely suffered. Appellant filed an application under Section 166 of Motor Vehicles Act, 1988 for compensation of Rs. 5,50,000/- by way of special and general damages on account of injuries, pain, mental agony, loss of earning, physical disabilities, shortening of expectation of life due to injuries sustained in the accident and medical expenses incurred thereon. Hanumanthappa, who was Respondent No. 1 in the Claim Petition, though served with the notice of petition, did not appear before the Court to oppose the relief sought in the claim petition. The Tribunal, after considering the evidence on record, has awarded a compensation of Rs. 1,13,900/- with interest at 6% per annum from the date of petition till the date of deposit as against the claim of the Appellant for Rs. 5,50,000/-.;