JUDGMENT :

1. By the impugned judgment and award dated 25.2.2003 passed in MACT Claim Case No.29/1999, the Motor Accident Claims Tribunal at Rajgarh in the District of Churu has awarded compensation of Rs.4,09,000/- to the dependents of deceased-Madan Lal, who are respondents no.1 to 7 herein.

2. The Insurer of the offending bus i.e. the National Insurance Company Limited has challenged the said award on the ground that since the driver of the bus had no driving licence on the date of accident, the Tribunal has wrongly held the appellant liable to pay compensation.

3. Another ground mentioned in the memo of appeal is that, in the FIR of the incident, a different registration number of the bus is mentioned, therefore, the claimants had failed to prove identity of the offending bus.

4. Learned counsel for the claimant has prayed for enhancement of compensation on the ground that the Tribunal has wrongly calculated the payable compensation. Since the claimants have not filed any appeal for enhancement, a question arise whether in this appeal by the Insurer, prayer for enhancement can be considered.

5. Brief facts of this case is that on 29.11.1998 Madan Lal and some others were travelling