(1.) Two of my learned brothers, Dr. T.N. Singh and K.K. Verma, JJ. have, while disposing of M.A. No.97/85, differed in their opinions on the question of enhancement of compensation payable to claimant/respondent for his son Pappu's death and Hon'ble the Chief Justice has been pleased to constitute this Bench for hearing the appeal.
(2.) A single accident gave rise to three claim petitions. All were disposed of by a common order by the Claims Tribunal. The owner and the driver preferred three appeals registered as M.A. No. 90/85, 97/85 and 98/85. In all the three cases, the respective claimants preferred cross-objections seeking enhancement. The three appeals, with respective cross-objections were heard by the Division Bench and disposed of by a common order, the two learned Judges recording separate opinions. They agreed in conclusion in so far as M.A. No. 90/85 and M. A. No.98/85 were concerned. This M.A. No. 97/ 85 has survived for consideration of the questions as to whether Ramchandra (claimant)'s cross-objection has to be allowed and compensation awarded to him for his son's death enhanced; which of the defendants would be liable to compensate the claimants and to what extent. Facts relevant for the disposal of this appeal alone shall be noticed hereinafter.
(3.) The appellant No. 2 is owner of the truck No. CPC 1996 which met with an accident on 28-2-1982. Pappu, aged 2 years, the minor son of the claimant/respondent No. 2 was one of the victims who died. The victims were travelling in the truck as passengers for hire. The truck had overturned.