JUDGMENT :

C M JOSHI, J.

Being aggrieved by the judgment and award in MVC No.826/2012 dated 13.12.2013 passed by the Principal Senior Civil Judge and Additional MACT, Udupi, the petitioner/appellant is before this Court seeking enhancement of compensation.

2. The factual matrix of the case is that, on 30.07.2012 the petitioner was traveling as a pillion rider on two wheeler bearing No. KA.20.W.8245, to her house at Nitoor at 4.30 p.m., near Manjunatha Eye Hospital, Bannanje, a tempo bearing No.KA.19.C.665 came in a rash and negligent manner and dashed to the said two wheeler, resulting in petitioner sustaining injuries. She was shifted to Hi Tech Hospital, Udupi, where she was inpatient for more than 56 days. It was contended that the petitioner was aged about 58 years and was working as a coolie and as such, she has suffered the disability and she may be awarded adequate compensation.

3. The petition was opposed by 3^rd respondent, Insurance Company of the tempo contending that the compensation claimed is highly exorbitant, imaginary and untenable in law. The age, occupation and income of the petitioner is denied. The Insurance Company also contended that there were violations of the