COMMON JUDGMENT:

M.A.C.M.A.No.3075 of 2012 is filed by the claim petitioner and M.A.C.M.A.No.1630 of 2013 is filed by the 2nd respondent/Insurance company in M.V.O.P.No.347 of 2008 on the file of the Chairman, Motor Accident Claims Tribunal-cum-VI Additional District Judge, Kadapa.

2. Since both the appeals arose from out of one decree and order passed in M.V.O.P.No.347 of 2008, they are heard together and are being disposed of by this common judgment.

3. For the sake of convenience, both the parties in the appeals will be referred to as they are arrayed in the claim petition.

4. The claim petitioner filed the petition under Section 166 of the Motor Vehicles Act, 1988 against the respondents claiming compensation of Rs.7,00,000/- for the injuries sustained by him in a road accident that took place on 01.09.2007.

5. Facts germane to dispose of the appeals may briefly be stated as follows:

On 01.09.2007 the petitioner along with others were travelling in a bus bearing No.KA 05E 7071 belonging to the 1st respondent from Kadapa to Bangalore and at about 11.30 p.m. when the bus reached near a culvert at Buggaletipalli situated on Kadapa- Rayachoty N.H.18, the driver of the bus drove it in a