JUDGMENT :

Ravi V Hosmani, J.

With consent of both parties, matter is taken up for final disposal.

2. Challenging judgment and award dated 21.04.2022 passed by I Addl. Senior Civil Judge and MACT, Kalaburagi (for short ‘tribunal’) in MVC no.217/2020, this appeal is filed.

3. Sri Sanjay Patil, learned counsel submitted that appeal was by claimant for enhancement of compensation. It was submitted at 8:30 p.m. on 10.12.2019, when claimant was riding pillion on motorcycle bearing no. MH-12/JJ-0549 on Katraj-Kondhawa road, Pune, driver of Lorry no. KA-28/C-9911 drove it in rash and negligent manner and dashed against motorcycle causing accident. In said accident, claimant sustained grievous injuries. Despite taking treatment at Bharati Hospital and Research Centre, Dhanakawadi, Pune and Kamareddy Hopsital, Kalaburagi he did not recover fully and sustained permanent physical disability and consequent loss of earning capacity. Claimant filed petition under Section 166 of MV Act against owner and insurer of lorry.

4. Despite service, owner did not appear and was placed ex-parte. Insurer appeared and filed objections, denying age, occupation and loss of earning capacity as well as alleged viol