Singh, C.J. -- 1. We propose to dispose of both the Appeals (M.A. No. 1038/97 -- Bhagwandas Tiwari and 4 others V/s. Ratnibai and others; and M.A. No. 1090/97 -- Ratnibai and others V/s. Bhagwandas Tiwari and others), 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. 3/89.

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 payment of compensation while the later 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 (deceased) was going from Sultanganj to Begumganj on motor-cycle No. M.K.D. 3300. A bus No. C.P.Q. 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, 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 P