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Both these appeals are preferred against the judgment and award dated 30th May, 2020 passed in MVC No.714 of 2015 on the file of I Additional Senior Civil Jude and CJM at Dharwad (for short hereinafter referred to as the "Tribunal").

2. For the sake of convenience, the parties in these appeal are referred to with their status and rank before the Tribunal.

3. Brief facts of the case are that on 26th June, 2015, at about 3.30 pm, the petitioner was returning to Dharwad from Amboli Falls, Belagaum in his Swift car bearing registration No.KA-02/MJ-1331. The driver of the said car was driving the same in high speed and in a rash and negligent manner. When the car was descending steep gradient in the same momentum near Bade Kollamath Cross, NC: 2023:KHC-D:10580-DB the driver lost control and as a result of the same, the car over-turned. Resultantly, the inmates sustained grievous injuries. The petitioner sustained loss of cervical lordosis, burst compression fracture of C6 vertebral body with retropulsation of fracture fragment causing spinal-cord compression; edema in the spinal cord extending from C6 to C7 level; fracture of D2 vertebral body and hematoma in prevertebral space extending from C2 to D4 level measuring 6.1mm in maximum thickness. Immediately, he was shifted to Vijaya Ortho and Trauma Centre, Belgaum where he was treated as inpatient from 26th June to 05th July, 2015. He was surgically operated viz. corpactomy + cage + plating. It is stated in the claim petition that the petitioner has spent Rs.3.00 lakh towards medicine and other expenses. It is further averred that till today he is bed-ridden and taking conservative treatment at Vijaya Ortha and Trauma Centre, Belgaum. It is further contended that prior to accident, the petitioner was hale and healthy and was doing vegetable vending and was earning Rs.9,000/- per month and because of the unfortunate accident, he has become physically disabled permanently and is unable to do any kind of work NC: 2023:KHC-D:10580-DB and was doing prior to accident. Accordingly, on all these grounds sought for compensation.

43. The P.W.2, who is an Orthopedic Surgeon, has stated in his examination­in­chief that, he has examined the Petitioner, when he come for assessment of disability at Medical Board at District Hospital, Dharwad and he gives history of RTA on 26.06.2015. He has further stated that, initially, he has taken treatment at Vijaya Ortho and Trauma Centre, Belgaum, from 26.06.2015 to 05.07.2015 and as per Discharge Summary and Wound Certificate, the Petitioner has sustained the injuries, I,.e., loss of cervical lordiosis, burst compression fracture of C6 vertebral body with retropulsion of fracture fragment causing spinal cord compression, edema CD the spinal cord extending from C5 to C7 level and fracture of D2 vertebral body no evidence of fracture fragments in the spinal canal, hematoma in prevertebral space extending from C2 to D4. He has further stated that, as per MRI, it is diagnosed as quadriplegia with retropulsion of C6 vertebra with neat total cord causation and after discharge from Vijaya Ortho and Trauma Centre Belgaum, he has taken treatment at different Private Hospitals and he was treated as corpactomy plus cage

49. Further, Ex.P.11 Case Sheet disclosed that, the Petitioner was brought to Kokilaben Dhirubhai Ambani Hospital and Medical Research Institute, Mumbai with a complaint that, A/H/O RTA on 26.06.2015 imaging C/o Burst compression fracture C6 vertebra doby with retropulsion of fracture fragment causing cord compression, fracture D2 vertebral body, underwent corpaetomy ­ Cage + plating done in June 2015 and during the course of treatment it is diagnosed traumatic spinal cord injury port fixation with spastic quadriparesis, neurogenic bowel and bladder and by admitting as an inpatient from 05.04.2016 to 01.10.2016, i.e., for 178 days, he had taken treatment to the said accidental injury as an inpatient and at the time

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NC: 2023:KHC-D:10580-DB transfers and ADL's and in upper limb should and elbow muscles are above functional level, in forearm pronators) supinator 3++ and in wrist only wrist extensor is present ie 3+ and Upper abs is 1, lower abs and back extensors is 0. Lower limb is 0 muscle power. It is also clearly mentioned that, Sensory picture - Till C6 normal sensation, C7­C8 80% sensation, T1­T5 80% and below T5, no pin prick or light touch present and Deep sensation present below T4 is vague and patchy. It is also clearly mentioned that, with the patient in supine position, local anesthesia was given in region of the right anterior superior iliac spine following which using a bone marrow aspiration needle, 110 ml of bone marrow was aspirated and collected in heparinized tubes and transported to the laboratory and in the Neural tissue culture laboratory, the MNC's were separated by the density gradient method and the cells were sent for CD 34 counts and the cells were transported back to the O.T. in a sterile cool container and he was put in a left lateral position and using a spinal needle the thecal sac punctured in the L4­L5 space and CSF obtained was sent for examination and the cells injected through the spinal needle and the needle was withdrawn after the cells were injected and (De) Solumedrol 1 gm in 500 ml Isolyte P was given intravenously (simultaneously) during the