G.S. Patel, J.

I

1. The appellant is the insurer of a vehicle involved in a road accident on the Mumbai-Goa road. That accident resulted in such multiple and severe injuries to the 1st respondent that she is now a quadriplegic, paralysed from the neck down. By its order and judgment dated 3rd/4th October 2011, the Motor Accidents Tribunal, Mumbai awarded compensation of Rs.76,57,007/- to the 1st respondent. The insurance company has appealed. The 1st respondent has filed cross objections. We must straightaway state that the controversy before us is very narrow, limited to the award of an amount of Rs.34,70,000/-. The remainder was made available for disbursement to the claimant/1st respondent.

II

2. On 21st May 2003, the 1st respondent (“Ms Panchal”) and some of her relatives set out on a journey by road from Kandivli, a northern suburb of Mumbai, to Goa. They left Kandivli late at night, around 9:30 pm. They were traveling in a Tata Sumo vehicle, registration number MH-04-AS-1644. The vehicle belongs to the 2nd respondent, who does not seem to have been among those travelling. The vehicle’s driver was, by all accounts, an employee; the vehicle was not self-driven by any membe