JUDGMENT :

1. Since both the cross appeals, aforetitled trace the genesis to same motor vehicular accident, therefore, they are being disposed of by virtue of this common judgment.

2. Challenge in these appeals has been thrown to an award dated 30.11.2019, passed by learned Motor Accident Claims Tribunal, Kupwara (“Tribunal”, for short) in claim petition titled "Attiqa Bano vs. Nazir Ahmad Malik & Ors., vide which, the Appellant-Insurance Company has been saddled with liability to pay compensation in the amount of Rs.5,45,600/- with interest @ 7.5% per annum from the date of filing of the petition.

3. Before the grounds urged in the appeals are adverted to, it shall be apt to have a closer look at the background facts of the case.

4. On 20.10.2006, the appellant (in Mac App No. 69/2021, hereinafter referred to as the “claimant”), a girl student of 28 years of age, on the National Highway at Trehgam Bazar near Ziyarat, Pangar Baba Sahib, was hit by a tanker bearing Registration No. 8295/JK02, being driven by its driver, namely, Nazir Ahmad Malik, as a result whereof, she sustained grievous injuries, resulting in the fracture of her right leg and foot. A claim petition came to be preferr