JUDGMENT :

AJAY TYAGI, J.

1. Both these appeals arise out of same judgment and order dated 6.2.2008 passed by District Judge, Motor Accident Claim Tribunal, Kanpur Nagar (herein after referred to as 'the Tribunal') in Motor Accident Claim Petition No.929 of 2004 (Amit Kumar Yadav vs. The New India Assurance Co.Ltd. and another)

2. FAFO NO.1285 of 2008 is filed by the New India Assurance Co.Ltd. for setting aside the impugned judgment with the prayer that claim petition be dismissed while FAFO No.1489 of 2008 is filed by the claimant for enhancing the award. Since, both the appeals have arisen out of the same judgment, they are heard together.

3. Brief facts of the case are that a motor accident claim petition No.929 of 2004 is filed by claimant, namely, Amit Kumar Yadav before learned Tribunal at Kanpur Nagar for seeking compensation due to sustaining severe injuries in the road accident. It is averred in claim petition that on 1.9.2003 at about 10:30 a.m., the claimant was going on bye-pass road between the Naubasta and Gopal Nagar, District-Kanpur Nagar by riding his bicycle bear