JUDGMENT :

Ravi V Hosmani, J.

Challenging judgment and award dated 13.08.2019 passed by II Additional Senior Civil Judge and MACT, Kalaburagi, (for short, 'Tribunal') in MVC no.440/2018, this appeal is filed.

2. Sri Sanjeev Patil, learned counsel for the appellant submitted, appeal was by claimant for enhancement of compensation. It was submitted, at 11:30 A.M., on 28.11.2017, when claimant was unloading goods, driver of Lorry bearing registration no. KA-32-A-3468 drove it in a rash and negligent manner and dashed against claimant, causing accident. In accident, claimant sustained several injuries. Despite treatment, he did not recover fully leading to loss of earning capacity. Therefore, he filed claim petition under Section 166 of MV Act against owner and insurer of Lorry.

3. Respondent no.1-owner of Lorry remained ex parte. Respondent no.2-Insurer opposed claim petition on all grounds and denied averments made in claim petition in toto.

4. Based on pleadings, tribunal framed issues and recorded evidence. Claimant examined himself and Dr.Raju Kulkarni, as PWs.1 and 2. Exhibits P.1 to P.16 were got marked. Insurer did not lead oral evidence, but got marked certified copy of Insurance