Paran Kumar Phukan, J.

These two appeals, one preferred by the claimant for enhancement of compensation (MAC Appeal 140/2009) and the other filed by the Insurer, Oriental Insurance Company Ltd. (MAC Appeal No. 16 of 2009) for reduction of the same, are directed against the judgment and award dated 15.10.2008 passed by the learned Member, Motor Accident Claims Tribunal, Kamrup at Guwahati in MAC Case No. 358/2001. Common questions of law and fact are involved in both these appeals and as such are taken up together for discussion and decision for the sake of convenience and brevity. The parties herein are referred to as claimant and insurer.

2. There is no dispute regarding the factum of the accident and the injuries sustained by the claimant in the motor accident which occurred on 28.03.2000 on the National Highway 31 near GMC Gate, Amingaon involving Vehicle No. AS 01/B-6524 (Bus) and Vehicle bearing No. AS-25/B-2200 (Santro Car) which were insured with Oriental Insurance Company Ltd.

3. Only the owner and driver of the Santro Car along with the insurer of both the vehic