M.C. Sharma, J. - (1.) Since both these appeals relate to one incident and arise out of the common judgment and award passed by the Tribunal, hence the arguments have been heard together and they are being decided by this common judgment. Brief facts of the case are that a claim petition was filed by the claimant with regard to injuries sustained by him in an accident, which is said to have taken place on 17.12.1995. Thereafter notices were issued; reply was filed; certain issues were framed and after hearing all the parties, the learned Tribunal passed the aforesaid impugned judgment and award dated 7.9.2007, decreeing an amount of Rs. 1,43,807/ - as compensation in favour of claimant.
(2.) Being aggrieved by the aforesaid judgment and award passed by the Tribunal, one appeal has been filed by the Insurance Co. and another appeal has been filed by the claimant for enhancement of compensation.
(3.) Learned counsel for the Insurance Co. has contended that the police after completion of investigation, filed the charge sheet against the driver of both the vehicles. The Tribunal has failed to consider this aspect of the matter and passed an excessive amount of compensation. Hence, the impugned judgment and award passed by the Tribunal should be quashed and set -aside.;