JUDGMENT :

Being aggrieved by the judgment and award dated 03.10.2011 passed in MVC No.906/2010 filed this appeal under Section 173(1) of M.V.Act.

2. Brief facts leading rise to filing of this appeal is that on 11.03.2009 at about 2.45 PM deceased Dundappa was going on his motorcycle bearing No.KA-28/J-6799 along with Shekhar Allappagouda Baadar as a pillion rider, when the deceased was riding the motorcycle slowly and cautiously and when they came about 200 meters from the Nandi Sugar Factory another motorcycle bearing No.KA-29/J-7257 came from opposite direction i.e. from Kanabur side in very high speed and in rash and negligent manner and dashed against the motorcycle of the deceased, due to this impact, both have sustained injuries and both were shifted in BLDE Hospital Bijapur and thereafter he was shifted to Dhanwantari Hospital Bijapur. In spite of taking treatment, the claimant suffered permanent disability which has affected his earning capacity. Hence, the claimant has filed claim petition under Section 166 of M.V.Act seeking for compensation in view of the injuries sustained by him in the road traffic accident.

3. Notice was issued to the respondent No.1 remained absent and