1. This appeal is made by the insurance company from the judgment and award passed by the learned Judge, Motor Accidents Claims Tribunal dated 6.12.2004. Total claim amount was Rs. 17,70,000 which is arising out of injury. Out of the claim amount, loss of income and disability in total is Rs. 13,80,000. The total awarded amount is Rs. 5,92,000 with interest at the rate of 6 per cent per annum.

2. The appeal has been preferred by the insurance company by saying that the awarded amount is more than the claimed amount of Rs. 3,00,000 for loss of earning capacity on account of disablement.

3. According to us, such ground is factually incorrect since both the claims, loss of earning capacity and disability, if added, will come to the aforesaid Rs. 13,80,000 as above.

4. However, the appeal is opposed by the claimants on a different ground. It has been contended by the claimant