The appellate court has the power to enhance compensation in motor claim cases even if the respondent has not filed an appeal or cross-objection, under O. 41, R. 33, C. P. C.

( 1 ) THESE two appeals have arisen against the judgment and order of Motor Accident Claims Tribunal, Bijnor, allowing the claim of respondents and directing the two appellants to pay Rs. 60,000. 00. put, of this amount the opposite parties 2 to 4; namely U. P. State Road Transport Corporation (hereinafter referred to as Corporation), regional Manager, U. P. State Road Transport Corporation, Bareilly and Assistant Regional Manager of U. P. State Road Transport Corporation, Bareilly and Moradabad respectively were directed to pay Rs. 40,000. 00 and Rs. 100. 00 as costs. The appellant New India Assurance Company was directed to pay Rs. 20,000. 00 and Rs. 50. 00 as costs to the claimants. They were also asked to pay interest at the rate of 6 per cent per annum. Since both the appeals arise out of the same judgment and order, we are deciding the same by this common judgment.

( 2 ) SOME of the facts are not disputed. Prithviraj Bhalla working as commission agent, resident of Muzaffar-Nagar was travelling in a private taxi No. USF 7476 Muzafar Nagar to Noorpur route in district Bijnor on 15-2-1977. It was being driven by Jaipal Singh. U. P. Roadways bus bearing No. USA 8193 was being driven by Javed Akhhtar on Bijnor Behtaur Roads. The two vehicles collided at Noorpur crossing of the aforesaid two roads at 11. 20 a. m. The taxi-overturned and fell into a khudd causing serious injuries to Prihaviraj Bhalla. The injured was taken to Government dispensary Noorpur, at 11. 50 a. m. After some treatment he was removed to district hospital Bijnor where he succumbed to his injuries at 5. 10 a. m. on 16-2-1977.

( 3 ) THE claimants had alleged that the roadways bus was being driven negligently and rashly. There was no negligence on the part of the driver of the taxi. The life expectancy in the family of claimants was alleged to be up to the age of 70 years. It was urged that by that time the deceased would have earned Rs. 1,70,000. 00 which the claimants had claimed as compensation.

( 4 ) THE corporation authorities and the taxi owner (sic) accident. The quantum of compensation claimed by the claimants was also said to be excessive.

( 5 ) AFTER appraisal of the evidence led before him the learned Tribunal Judge came to the conclusion that both the drivers of the bus and taxi were negligent in driving their vehicles at the crossing where the accident in question took place. Hence applying the principle of contributory negligence the aforesaid aportionment of damages was made. Consequently the Tribunal Judge has fixed the responsibility of compensation at 60% for the bus driver and 40% for the taxi driver. The Tribunal Judge held that Prithviraj Bhalla used to contribute Rs. 6000. 00 per annum for the maintenance of the claimants. Computing the total loss by applying multiplier of ten the learned Tribunal Judge had calculated total compensation at Rs. 60,000. 00.

( 6 ) LEARNED counsel for the corporation urged that regulations 6 and 7 of the Driving regulations contained in the Tenth Schedule to the Motor Vehicles Act, 1939 had been violated by the car driver. Hence corporation was not liable to pay compensation. These Regulations read as under :-"6. The driver of a motor vehicle shall slow down when approaching a road intersection, a road junction or a road corner, and shall not enter any such intersection or junction until he had become aware that he may do so without endangering the safety of persons thereon. "7. The driver of a motor vehicle shall, on entering a road intersection, if the road entered is a main road designated as such give way to the vehicles proceeding along that road, and in any other case give way to all traffic approaching the intersection on his right hand. "

( 7 ) IT was urged that had the taxi driver waited or slowed down while approaching road intersection, then the accident would not have taken place. It was argued that the bus being a heavy vehicle and being driven on the main road should have been al