G.P. Mittal, J.

This Appeal is directed against the judgment dated 17.05.2004 passed by the Motor Accident Claims Tribunal (the Tribunal) whereby a compensation of Rs. 11,71,000/- was awarded in favour of the First Respondent for having suffered amputation of right hand above elbow and other injuries in an accident which took place on 20.05.1995. He suffered permanent disability in respect of his right upper limb to the extent of 85%.

2. The grounds of challenge are that the accident took place on account of rash and negligent driving of the truck driver who came from the opposite direction and struck against bus number UP-02B-6972 driven by the Appellant's (Corporation) driver. The First Respondent also contributed to the accident as he held his arm outside the window. It is averred that the compensation awarded is exorbitant and excessive.

3. The First Respondent filed cross objections on the ground that the compensation awarded is too low and meager and cannot be said to be just and proper as envisaged u/s 168 of the Motor Vehicles Act, 1988 (the M.V. Act).

NEGLIGENC