1. Though these appeals are posted for Admission, they are taken up for final disposal, with the consent of the learned counsel appearing for the parties.

2. These two appeals respectively by the State Express Transport Corporation (TN) Limited and the injured claimant are directed against the same judgment and award dated 30th September 2009, passed in MVC No. 1657/2002, by the XIX Additional Small Cause Judge & Motor Accident Claims Tribunal, Bangalore (SCCH-17), (for short, 'Tribunal').

3. While the State Express Transport Corporation has filed the appeal, on the ground that, the Tribunal is not justified in directing it and also the M.G.R. Transport Corporation to jointly indemnify the award and that the second respondent/MGR Transport Corporation alone is liable to indemnify the award; the injured claimant has filed the appeal on the ground that the compensation awarded by Tribunal is on the lower side and needs to be enhanced and thus, both have sought for modification of the impugned judgment and award passed by Tribunal.

4. The facts in brief are that, the injured claimant claims to be aged about 50 years, at the time of accident, doing scrap motors business, earning a sum of Rs.50,000/- per month. He was hale and healthy prior to the accident. That at about 11:45 A.M. on 15- 12-2001, when the injured claimant was proceeding in a luggage auto with vehicle parts at Anna. Street, near Vellington point, a Kanchipuram Bus bearing Registration No.TN-21/N-0254, which was proceeding in the same direction, driven by its driver in a rash and negligent manner, dashed against the auto, due to which, the injured claimed fell down and sustained grievous injuries. Immediately he was shifted to Rayapeta Government Hospital, Chennai and thereafter to Apoilo Hospital, Chennai.

5. It is the case of the injured claimant that, on account of the road traffic accident, he has sustained severe injuries such as neurosurgical problem and the Doctor has assessed neuropsycological and cognitive deficit at 42% and permanent avocation disability with respect to business at 100% and for the treatment of the said injuries, he has spent considerable amount towards conveyance, nourishing food and attendant charges, apart from medical expenses and other incidental expenses and therefore, he has to be compensated reasonably.

6. On account of the injuries sustained in the accident, the injured claimant tiled the claim petition before the Tribunal, seeking compensation of a sum of Rs.50,00,000/-against the two Corporations, i.e. State Express Transport Corporation Limited and M.G.R. Transport Corporation. The said claim petition had come up for consideration before the Tribunal on 30th September, 2009. The Tribunal, after considering the relevant material available on file and after appreciation of the oral and documentary evidence, allowed the claim petition in part, awarding a sum of Rs.4,76,691/- under different heads, with 6% interest per annum, from the date of petition till the date of realization and directed both the Corporations to indemnify the said amount. Being aggrieved by the quantum of compensation as also the direction issued to indemnify the award, the State Express Transport Corporation (TN) Limited is in appeal before this Court, seeking reduction of compensation and a] so to set aside the direction and being dissatisfied with the compensation awarded by Tribunal, as being inadequate and on the lower side, the injured claimant has filed the appeal seeking enhancement of compensation, by modifying the impugned judgment and award passed by Tribunal.

7. We have heard learned counsel appearing for State Express Transport Corporation (TN) Limited and also the learned counsel appearing for injured claimant, for considerable length of time.

8. Learned Counsel appearing for State Express Transport Corporation (TN) Limited, vehemently submitted that the Tribunal grossly erred in directing the State Express Transport Corporation (