JUDGMENT :

A.K. Parichha, J. - This letters patent appeal is directed against the judgment of learned Single Judge in Miscellaneous Appeal Nos. 29 of 1995 and 121 of 1995 enhancing the compensation of Rs. 51,000 awarded by learned Second Motor Accident Claims Tribunal, (in short, "M.A.C.T.")--Cuttack in Misc. Case No. 134 of 1987 to Rs. 90,000.

2. The relevant facts involved in the case are follows:

The truck bearing Registration No. ORC 4451 belonging to respondent No. 2 Phani Bhusan Kanungo met with an accident on 20th February, 1987 near village-Bhagipur due to rash and negligent driving by the driver resulting in the death of one Hrudananda Samantaray, who was the husband of appellant No. 1 and father of appellant No. 2. The appellants filed Claim Case No. 134 of 1987 making a claim of Rs. 1,40,000 as compensation. Learned M.A.C.T. after conducting inquiry awarded a compensation of Rs. 51,000. Not being satisfied by the said award the appellants filed Misc. Appeal No. 29 of 1995 for enhancement of the award. The Insurance Company-respondent No. 1 also filed Misc. Appeal No. 121 of 1995 challenging the award passed by the M.A.C.T. denying its liability on the ground that the offend