1. - Since both the aforesaid appeals arise out of the judgment and award dated 22.12.2008 passed by Tribunal, hence the arguments have been heard together and they are being decided by this common judgment.

2. Brief facts of the case are that on 23.2.2006 when the claimant was travelling in Santro Car No. RJ-02-TC-0255 going from Bandikui to Police Line Dausa, which was being driven by its driver Seetaram and owned by Dharmendra Yadav, the said car met with an accident, as a result of which the claimant sustained injury.

3. Thereafter claim petition was filed, notices were issued, issues were framed, evidence was recorded and after hearing both the sides, the learned Tribunal decreed an amount of Rs. 1,66,500/- in favour of claimant and against the non-claimants.

4. The Insurance company has filed the instant appeal challenging the quantum of compensation, while the claimant has filed the appeal for enhancement of compensation.

5. Learned counsel for the Insurance company has contended that the learned Tribunal while imposing the liability upon the appellant Insurance company, deciding issue no. 3 observed that the insurer had charged the premium to cover the risk of occupant