S. C. MOHAPATRA, J.

( 1 ) DETERMINATION of just compensation to the persons injured and the legal representatives of the persons, who became victims of the collision between a passenger bus of the appellant and 37-Up Howrah-Madras Janata Express, is the subject-matter of these four appeals under S. 110-D of the Motor Vehicles Act, 1939 (in short 'the Act' ). The learned single Judge who heard these four appeals has referred them to be decided by a Division Bench, since he could not accept the principle adopted by an earlier single Judge decision of this Court reported in AIR 1983 Orissa 193 (Commissioner, N. C. C. Group, Cuttack v. Smt. Nirmala Maharana ). The passage in dispute reads as follows :-"the average bank rate of interest has been 10 per cent on term deposits for a term of three years and above. If Rs. 25,000/- is deposited, it would earn interest of 2,500/- a year and that should adequately compensate the claimants taking into account the possibility of variation of the rate of interest and the losing value of the rupee on account of deflation. "

( 2 ) MR. Y. S. N. Murty, the learned counsel for the appellant, taking advantage of the order of reference where the learned