( 1 ) THIS appeal preferred by the Karnataka State Road Transport Corporation hereinafter referred to as the K. S. R. T. C. has thrown up for determination a rather unusual and exceptional situation. Briefly stated, the point of law that is required to be set at rest is the question as to whether in the absence of an appeal or cross-objections filed by the claimants in a compensation claimed under the Motor Vehicles Act, if the circumstances warrant and justify, whether the appeal Court would be within its right to enhance the compensation that was originally awarded. Issues can never arise in a vaccum and therefore, the brief facts that have given rise to this situation are material.

( 2 ) ON 25-10-85 at about 8. 15 a. m. the B. T. S. bus bearing no. M. Y. F. 8124 was being driven along Lavelle Road and the deceased who was a 13 year old school boy studying in the Baldwin School was riding a bicycle on the same road on his way to school. The bus was alleged to have been driven rashly and negligently as a result of which the bus collided against the bicycle and the most gruesome part of the incident was that the bus ran over the young school boy who was killed on