H.S.PRASAD,J - (1.) BOTH these appeals, filed under Section 10 of the Letters Patent, involving common questions of law and fact, have been heard together and are disposed of by this common judgment.
(2.) THESE appeals are directed against the impugned judgment dated 25.4.97 passed in M.A. Nos. 615 and 616 of 1990 (R), whereby the learned Single Judge rejected M.A. No. 615 with modification in the interest by raising it from 6% to 12% and partly allowed M.A. No. 616/90 (R) by enhancing the quantum of compensation from Rs. 37,000/ -to Rs. 60,000/ - with interest at the rate of 12% per annum. The facts of the case lie in a very narrow compass. The claimants - appellants are the injured persons and they filed claim case being MJC Nos. 34 and 35 of 1985 respectively. Both the claimants are father and son respectively. Both the appellants were travelling on a Rajdoot motorcycle on 4.11.84 bearing registration No. BRX 2381 from Jugsalai to Haldipokhar and the motorcycle was being driven by Sagarmal Agrawal, who is father of another claimant -plaintiff and the son Ajay Kumar Agrawal was a pillion rider. When the appellants reached near village Tiruldin at about 3.30 p.m. on Tata -Chaibasa Road, a truck bearing registration No. BRX 4260 came in a high speed from the opposite direction and first dashed against another truck bearing registration No. BHI 9541 and there after dashed the motorcycle, as a result of which both the occupants of the motorcycle sustained severe injuries. They were admitted to the hospital and they remained in the hospital for some time as indoor patients. Appellant Sagarmal Agrawal sustained fractured injury on his legs and some other Injuries on different parts of the body but severe injury was on the leg. Appellant Ajay Kumar Agrawal had sustained more injuries than his father. His legs were also fractured and he remained in the hospital from 4.11.84 to 13.3.85. It is admitted that accident did take place and the offending vehicle was responsible for the accident, The vehicle in question was insured with the opposite party No, 3, M/s New India Assurance Company Ltd. on the alleged date of occurrence.
(3.) AT the trial stage witnesses were examined and after considering the case of the parties the learned Claims Tribunal awarded as sum of Rs. 37,500/ - in favour of appellant Sagarmal Agrawal and Rs. 37,500/ - to Ajay Kumar Agrawal. Both the appellants preferred appeals against the award of the learned Claims Tribunal and in the appeals being M.A. Nos. 615 and 616 of 1990 (R) the learned Single Judge, so far as appellant Sagarmal Agrawal is concerned, did not alter the findings of the learned Claims Tribunal but modified the award and allowed the interest @ 12% per annum and so far as appellant Ajay Kumar Agrawal is concerned, the learned Single Judge came to the conclusion that the amount of compensation of Rs. 37,500/ - is not sufficient and enhanced the same to Rs. 60,000/ - with 12% interest. Being aggrieved by the impugned order of the learned Single Judge appellant Sagarmal Agrawal preferred LPA No. 313/97 (R) and appellant Ajay Kumar Agrawal preferred LPA No. 314/94 (R).;