JUDGMENT

These appeals arose from the impugned award dated

17.12.2012 in OP(MV) No. 663 of 2009 of the Addtitional Motor Accidents Claims Tribunal, Kottayam. MACA No. 468 of 2013 is filed by the claimant dissatisfied with the quantum of compensation awarded by the tribunal, whereas MACA No. 775 of 2013 is filed by the insurer challenging the liability as well as quantum of compensation.

2. Since the parties and the cause of action are the same, the appeals are heard together and are being disposed of by this judgment. For brevity, the parties are referred to as they are arrayed before the tribunal.

3. The case of the claimant is that on 30.12.2007, while he was travelling in a bus bearing Reg.No.KL-5/L-9508 driven by the first respondent in a rash and negligent manner, the first respondent lost control over the bus, whereby the hand of the claimant stretched out of the seat and hit an electric post resulting in causing grievous injuries. He approached the tribunal claiming compensation.

4. Respondents 1 and 2, who are the driver and owner of the offending vehicle, remained ex parte before the tribunal. The third respondent insurer filed a written statement, admitting the policy coverag