JUDGMENT :

Rajesh Rai K, J.

These two appeals arise out of the judgment and award dated 27.12.2019 passed in MVC No.1642/2017 by the Motor Accident Claims Tribunal, Bengaluru (SCCH-1) (hereinafter referred to as 'the Tribunal'), whereby the Tribunal partly allowed the claim petition and awarded compensation of Rs.9,60,640/- together with interest at the rate of 9% per annum.

2. The brief facts necessary for the disposal of these appeals are that, on 16.12.2016, the claimant was riding a Honda Aviator motorcycle bearing Reg.No.KA-14-EJ-5864, with his wife, Smt. Nazeema Banu, as a pillion rider, from Banawara towards Bengaluru on National Highway No.206. When they reached near Kamagondanahalli Gate, Tumakuru Taluk, the rider of a Bajaj Pulsar motorcycle bearing Reg.No.KA-51-L- 6570, who was proceeding from the Tumakuru side, allegedly driven the motorcycle in a rash and negligent manner and dashed against the claimant's motorcycle. Due to which, the claimant fell on the road and sustained grievous injuries. Immediately after the accident, the claimant was shifted to the Government Hospital, Gubbi, where first aid treatment was given. Thereafter, he was shifted to Bowring and Lady Curzon Hospital, Shivajinagar, Bengaluru, for further treatment. During the course of treatment, he underwent surgery, and on 19.01.2017, his right leg was amputated below the knee. Hence, he filed claim petition claiming compensation for the injuries sustained in the accident.

3. Tribunal upon assessment of oral and documentary evidence partly allowed the claim petition as stated supra. The said judgment is challenged by the claimant in MFA No.8391/2022 as well as Insurance Company in MFA No.665/2021.

4. Heard the learned counsel for the respective parties.

5. The appellant–Insurance Company in MFA No.665/2021 contends that the Tribunal erred in directing the Insurance Company to make good the compensation with liberty to recover the same from the owner of the offending vehicle. It is submitted that the rider of the offending motorcycle was not holding a valid and effective driving licence as on the date of the accident. Therefore, according to the appellant, the question of applying the principle of "pay and recover" does not arise, and the Tribunal ought to have exonerated the Insurance Company from its liability. It is further contended that the Tribunal has awarded excessive compensation under various heads without proper appreciation of the evidence on record. The Insurance Company also submits that the Tribunal erred in awarding interest at the rate of 9% per annum, whereas, in view of the judgment of the Division Bench of this Court in MFA No.5896/2018, the appropriate rate of interest ought to have been 6% per annum. Hence, he prays to allow the appeal filed by the Insurance Company by dismissing the appeal filed by the claimant.

6. Per contra, the learned counsel appearing for the claimant in MFA No.8391/2022 contended that the Tribunal, after meticulously appreciating the entire evidence available on record, has rightly directed the Insurance Company to satisfy the award with liberty to recover the same from the owner of the offending vehicle, by placing reliance on the judgments of the Hon'ble Apex Court and this Court. She further contended that the Tribunal has erred in assessing the disability of the claimant at only 40%, despite the fact that his right leg was amputated below the knee, resulting in 100% functional disability. It is also contended that the Tribunal has failed to award just and reasonable compensation under various other heads. Hence, she seeks enhancement of the compensation awarded by the Tribunal. Accordingly, she prays to enhance the compensation by dismissing the appeal filed by the Insurance Company.

7. I have given my anxious consideration both on the submissions made by the learned counsel for the respective parties and perused the entire materials on record.

8. As could be gathered from records, the occurrence of accident