JUDGMENT :

V. Gopala Gowda, J.

This appeal is filed by the insurance company. Cross-appeal is also filed by the claimants along with miscellaneous petition seeking for condonation of delay in filing the cross-appeal. The insurance company has filed the appeal, questioning the correctness of the judgment dated 4.9.2004 passed by the Second Motor Accidents Claims Tribunal, Northern Division, Sambalpur in Misc. (A) Case No. 31 of 1999 (S) fastening the liability upon it contending that it is not liable to pay the compensation to the cross-objectors-claimants as the deceased was a gratuitous passenger in the offending vehicle. Therefore, fastening the liability on the insurer awarding compensation of Rs. 3,32,000 with interest at 9 per cent, is not legal and valid, which is liable to be set aside. The cross-objection filed by cross-objectors-claimants, legal representatives of the deceased, was also listed today along with this appeal. Mother of the deceased, respondent No. 1, has died during the pendency of appeal and has been deleted from the cause-title. Legal representatives of the deceased have sought for enhancement of the compensation to the tune of Rs. 5,00,000 by modifying the i