( 1 ) THESE appeals are directed against the common judgment and award dated 31-12-2001 passed in M. V. C. No. 1420 of 1994 on the file of the Motor Accident Claims Tribunal and Additional judge (SCCH-20), Mayo Hall Unit, Bangalore (for short, 'the MACT) whereby it has awarded a sum of Rs. 15,36,460/- (Rupees fifteen lakhs thirty-six thousand four hundred and sixty) as compensation with costs and interest at 9% per annum from the date of petition till the date of realisation.

( 2 ) THE Bangalore Metropolitan Transport Corporation which is the owner of the BTS bus bearing Registration No. MEF 778 involved in the accident, being aggrieved by the above judgment and award has filed M. F. A. No. 359 of 2002 calling in question the validity of the award mainly on the ground that the quantum of compensation awarded by the MACT is highly excessive and has sought for reducing the same. The claimant in M. V. C. No. 1420 of 1994 has also filed M. F. A. No. 817 of 2002 questioning the correctness of the award passed by the MACT and sought for enhancement of compensation. The claimant has contended that the MACT has not awarded adequate and just compensation under various heads.

( 3 ) THE facts of the case, in brief, are as follows: that on 19-5-1994 at about 4. 45 p. m. , the claimant was riding his motorcycle bearing Registration No. CKQ 2806 slowly and cautiously near Shivaji Circle along with his friend Sri Syed Mukkaram as a pillion-rider. At that time, the driver of the BTS bus bearing No. MEF 778 drove the bus in a rash and negligent manner and dashed against the motor-cycle. On account of the impact, both rider and pillion-rider fell down and sustained grievous injuries. The claimant sustained fractures of both bones of the right leg and vertabrae and other injuries. After the accident, claimant was taken to Bowring Hospital for treatment and thereafter to St. Martha's Hospital. As per the advice of doctors at St. Martha's hospital, the claimant had taken treatment at Apollo Hospital at Chenna. He had to go to chennai on number of occasions to have treatment for injuries sustained by him in the accident. The claimant has spent Rs. 5,00,000/- towards medical expenses. The claimant was working, as on the date of accident, as Sales Officer in M/s. Avanti Kopp Electrical Limited and drawing a salary of Rs. 1,650/- per month and other allowances totalling to Rs. 3,350/-, in all Rs. 5,000/ -. The claimant taking into consideration, the nature of injuries, pain and suffering, mental shock and agony, travelling expenses, medical expenses, loss of future income, has claimed a sum of rs. 25,00,000/- as compensation and contended that the respondent being the owner of the motor vehicle involved in the accident having internal insurance, is liable to pay the compensation. In the meanwhile, Commercial Street Police have registered a case against the driver of the bus and he was convicted. The claimant is unmarried and on account of the disability and visible ugly scars, he has lost his marriage prospects. The claimant claims that he has no other source of income since 1994 till today.

( 4 ) THE respondent on receipt of the notice on the claim petition appeared through their Counsel and filed written statement inter alia contending that the claim petition is not maintainable and liable to be dismissed. The age and income of the claimant and all other material allegations in the claim petition are denied by the respondent. The actionable negligence attributed to the driver of the bus was also denied. It was also contended by the respondent that the claimant did not have valid and effective driving licence to ride the motor-cycle and, therefore, accident was caused due to the carelessness of the claimant himself. On the basis of the above pleadings of the parties, the MACT framed the following issues: "1. Whether the petitioner proves that he sustained injuries in the motor accident that occurred on 19-5-1994 at about 4. 45 p.