Rathnakala, J.

1. Both these are appeals preferred assailing the judgment and award passed by the XVI Additional Judge, Motor Vehicles Accident Claims Tribunal-14, Bangalore City, ('the Tribunal' for brevity) whereby the injured claimant is awarded a compensation of Rs. 15,79,000/- along with interest @ 6% per annum. While appellant/claimant in M.F.A. No. 7547/2013 is aggrieved by the inadequacy of the compensation, the Insurance Company challenging its liability to indemnify the risk of the owner of the vehicle/insured, has filed M.F.A. No. 6015/2013.

2. The claimant/Chetan. T.K. filed claim petition before the Tribunal contending that he is the employee of the second respondent; on 19.4.2010 at 2.15 p.m. he was traveling in the car bearing registration No. KA-53/N-5675 during the course of his employment and the said vehicle belonged to his employer; near Sengahalli gate of Kolar to Vijayapura Road, Kolar Taluk, due to the rash and negligent driving of the car with high speed, the vehicle went out of control and it toppled on the left side of the road. Due to the said impact, the injured claimant suffered grievous injuries; after first aid treatment in the nearby hospital at Kolar, he was shifted to Hosmat Hospital, Bangalore, for higher treatment and was an inpatient from 20.4.2010 to 26.4.2010. He was discharged from the hospital after treatment. Again he was admitted to the hospital on 27.4.2010 with the complaint of immobility and weakness of both lower limbs. Surgery was conducted for Lateral Mass Fusion C3 - C7 for the fracture of C4 and C5 on 13.5.2010; Elective Tracheotomy was conducted on 14.5.2010; ICD was inserted and later it was removed; he was discharged on 17.7.2010. He again was admitted to Bhagawan Mahaveer Jain Hospital, Bangalore, on 7.9.2010 for Tracheotomy closure. After Decannulation of Tracheotomy, he was discharged on 10.9.2010. On 13.9.2010, he was admitted at I-AIM Health Care Centre, Yelahanka, Bangalore. For loss of strength in both upper and lower limbs, bowel and urine incontinence, he was treated and discharged on 18.11.2010. On 4.3.2011, he was admitted at Bhagawan Mahaveer Jain Hospital, Bangalore, with the complaint of pressure sores over sacral and right trochanteric area. He was discharged on 10.3.2011 with an advice of follow-up treatment. On 21.7.2011, he was admitted to I-AIM Hospital Care Centre, Yelahanka, Bangalore. With regard to the said accident, the jurisdictional Police registered a case against the driver of the vehicle in respect of the offence under Sections 279, 337 and 338 of IPC. He was working as a Sales Executive in M/s. Bimal Auto Agency, Bangalore, earning Rs. 6,000/- per month. Now he cannot bend his body, run, walk and climb the stairs due to the injury of the spine and lungs and cannot lift heavy objects and unable to earn and sought for compensation of Rs. 20 lakhs under various heads.

During trial, PW-1 to PW-3 were examined for the claimant; on behalf of the Insurance Company, RW-1 was examined. The documents Exs. P1 to P21 and Ex. R1 were marked. After giving audience to both parties, the Tribunal held the insurer and the owner of the car both are jointly and severally liable to pay the compensation quantified at Rs. 15,79,000/- with interest at 6% per annum.

3. Sri. O. Mahesh, learned Counsel appearing for the Insurance Company submits, the claim petition was signed by the father of the claimant but without an application seeking permission of the Court under the provisions of Order XXXII Rule 1 to 14 of CPC. The injured was not examined before the Tribunal; if it was the case of the claimant that he is unable to move around, nothing prevented the claimant to get examined through a Commissioner for non-compliance of the Order XXXII Rule 1 to 14 of CPC and the entire proceedings is vitiated. In the absence of a disability certificate to the effect that the claimant is 100% disabled and without an application seeking permission to prosecute the claim petiti