1. Both these appeals are directed against the judgment dated 6.10.2012 passed by the learned Member, Motor Accidents Claims Tribunal, West Tripura, Agartala in TS (MAC) No. 342 of 2010 awarding a total compensation of Rs. 14,14,103 together with interest at the rate of 6 per cent per annum in favour of the claimant. MAC Appeal No. 144 of 2012 is filed by the insurer for setting aside the impugned award on the ground that the claimant - respondent No. 1 was a gratuitous passenger and it is not liable to satisfy the award so passed, whereas MAC Appeal No. 1 of 2013 is filed by the claimant seeking enhancement of the compensation.

2. The facts giving rise to both the appeals are that on 24.7.2010, the claimant was proceeding towards Badarghat Stadium in an auto truck bearing registration No. TR 01 - K 0713 allegedly loaded with wooden piles and bamboos for doing construction work and when the vehicle reached Shekertote market, the vehicle fell down by the side of the road while negotiating a turn. According to the claimant - appellant, the accident occurred due to rash and negligent driving of the vehicle. Due to the accident, the claimant sustained several injuries on his body and wa