( 1 ) THESE appeals are filed by the insurance company against the common order passed by the learned single judge in Misc. Appeal No. 138 of 1996 and misc. Appeal No. 139 of 1996.

( 2 ) APPELLANT insurance company has filed appeals against the award passed by ii Additional Motor Accidents Claims tribunal, Gwalior, challenging therein that the insurance company is not liable to pay compensation as the driver of the vehicle did not possess driving licence. Cross-objection under Order 41, rule 22, Code of civil Procedure was filed by the claimants. The learned single Judge dismissed the appeal, but allowed the cross-objection and enhanced the quantum of compensation. Yearly income of the deceased was assessed at Rs. 6,000 and after deducting '/3rd amount, dependency was assessed at rs. 4,000 per year and applying the multiplier of 16 compensation was enhanced to rs. 64,000 with interest at the rate of 12 per cent per annum.

( 3 ) ONLY contention raised by the counsel for the appellant that in an appeal under section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act')there is no scope for cross-objection under order 41, rule 22 of the Code of Civil