Bhawani Singh, C.J. - (1.)We propose to dispose of both the appeals (M.A. No. 1038 of 1997 Bhagwan Das Tiwari v. Ratni Bai and M.A. No. 1090 of 1997 Ratni Bai v. Bhagwan Das Tiwari) by this common order, since they arise out of the same accident and award dated 16.5.1997 passed by the Motor Accidents Claims Tribunal, Begumganj, District Raisen, in Claim Case No. 3 of 1989.
(2.)It may be noted that former appeal is at the instance of the owners and driver of the vehicle in question for setting aside the award and exonerating them from the liability for the payment of compensation while the latter appeal is filed by the legal heirs of the deceased Chandra Kumar for enhancement of the award.
(3.)The brief facts are that on 5.6.1989 Chandra Kumar (the deceased) was going from Sultanganj to Begumganj on motor cycle No. MKD 3300. A bus No. CPQ 9207 dashed against the motor cycle, as a result of which Chandra Kumar died spontaneously on the spot. The motor cycle was also badly damaged. Consequently, a claim petition for Rs. 28,57,000 along with interest was filed before the Motor Accidents Claims Tribunal, Begumganj. It is stated that Chandra Kumar was a private medical practitioner and was earning Rs. 9,000 per month. He was 45 years 9 months at the time of accident. He was spending about Rs. 4,000 per month on his family members and in addition to this, Rs. 1,000 was also spent towards religious ceremonies.