The main legal point established in the judgment is the assessment of compensation for vehicular accidents, including the evaluation of loss of earning capacity, functional disability, and the need for direct evidence in proving the invalidity of a driving license.

1. Impugned Award of 25th August, 2015 grants compensation of Rs.3,37,493/- with interest @ 9% per annum to Ganga Saran (hereinafter referred to as the “Injured”), aged 45 years, on account of grievous injuries suffered by him in a vehicular accident, which took place on 4th February, 2009.

2. In the above captioned first appeal, The Oriental Insurance Company Limited (henceforth referred to as the “Insurer”) seeks recovery rights against driver and owner of Insured vehicle, whereas in the above captioned second appeal, enhancement of compensation is sought by the Injured-Ganga Saran.

3. Since both the appeals arise out of common impugned Award, therefore, with the consent of learned counsel for the parties, both the appeals have been heard together and are being decided by this common judgment. The factual background of this case, as noticed in the impugned Award, is as under:-

“As per case of petitioner, on 04.02.2009, he was returning to his house from Jharoda on his motorcycle having registration number DL 8SNC 2044. He was driving the said bike with due care and caution by observing traffic rules. At about 01.00 a.m., when he reached main road, Pooth Kalan, near Bus stand, all of a sudden a tempo bearing no. DL ILA 7952 being driven rashly, negligently and at a very high speed came there and hit his motorbike with great force. Due to heavy impact, he (petitioner) fell down on road and suffered injuries, all over his body.”

4. To render the impugned Award, Motor Accident Claims Tribunal (hereinafter referred to as the “Tribunal”) has relied upon evidence of Injured-Ganga Saran (PW-1) and as per Disability Certificate (Ex.PW2/1), the Injured had suffered permanent physical disability of 37% in relation to his right lower limb. On the strength of evidence recorded, impugned Award has been rendered. The breakup of compensation awarded by the Tribunal to the Injured is as under :-

1.	Medical expenses	Rs.50,285/-
2.	Loss of income during treatment	Rs.47,208/-
3.	Special diet	Rs.25,000/-
4.	Conveyance Charges	Rs.15,000/-
5.	Pain & Suffering	Rs.1,00,000/-
6.	Loss of enjoyment of life	Rs.1,00,000/-
	Total compensation	Rs.3,37,493/-

5. Learned counsel for the Insurer assails the impugned Award on the ground that the Tribunal has erred in not granting recovery rights to the Insurer against driver and owner of the insured vehicle as driver of the insured vehicle was not having a valid driving licence on the day of the accident. To submit so, attention of this Court is drawn to the evidence of Insurer’s witness- Charanjit Singh (R3W2) to point out that this witness (R3W2) had obtained a Report Ex. R3W2/3 from the concerned licencing authority regarding the said driving license being valid from 18th February, 2013 to 17th February, 2016. It is pointed out that the accident in question had taken place on 4th February, 2009 and on that day, the driver of the insured vehicle was not possessing valid driving license. Learned counsel for the Insurer further submits that an opportunity ought to be granted to the Insurer to get the witness (R3W2) from the concerned licensing authority examined, to prove the Report Ex.R3W2/3. Thus, it is submitted that recovery rights deserve to be granted to Insurer against driver and owner of the insured vehicle.

6. On the contrary, learned counsel for the Injured-Ganga Saran refutes the aforesaid stand taken on behalf of Insurer and submits that the quantum of compensation awarded by the Tribunal is inadequate. It is submitted that a shopkeeper atleast earns Rs.10,000/- per month and the Tribunal has erred in assessing the income of the Injured on the basis of minimum wages payable to an unskilled worker. It is also subm