1. Aalam @ M. Shamshad Alam, the appellant (in MAC APP.704/2017), then 47 years old, employed as Clerk (Operation) with M/s. Patel Roadways Limited, suffered injuries in a motor vehicular accident that occurred on 19.05.2014 statedly due to rash driving of motor vehicle bearing registration No.DL-1LR-0709, admittedly insured against third party risk with IFFCO Tokio General Insurance Company Limited (appellant in MAC APP.354/2017) for the period in question and was rendered permanently disabled due to amputation affecting his right lower limb.

2. The Motor Accident Claims Tribunal (the tribunal) held inquiry and thereafter, by judgment dated 05.01.2017, upheld the claim on the principle of fault liability and awarded compensation in the sum of Rs.26,76,922/-, fastening the liability on the insurance company, rejecting its plea of the claimant being a gratuitous passenger to seek exoneration.

3. Both the claimant and insurer are in appeal to assail the impugned judgment of the tribunal.

4. It is noted that the tribunal accepted the evidence showing medical opinion regarding permanent disability to be to the extent of sixty per cent (60%) in relation to right lower limb and on