( 1 ) THIS is an appeal under Section 173 of the Motor Vehicles Act, 1988, by the claimants for enhancement of the compensation awarded by the Motor Accident Claims Tribunal, Shivpuri (for short, the 'tribunal'), in Claim Case No. 49 of 1987 vide award dated 1-4-1992.

( 2 ) ON receipt of the notice, National Insurance Company has preferred cross-objections under Order XLI, Rule 22, C. P. C. read with Section 151 of the Code of Civil Procedure, whereby the Insurance Company has challenged the finding of rash and negligent driving by the driver of the vehicle- tractor, M. P. H. 9754 and has also contested that as the deceased was the passenger in the tractor-trolley who was going with the marriage party, the Insurance Company is not liable to indemnify the owner/ insured. Therefore, the award passed against the Insurance Company holding it jointly liable to pay the compensation awarded by the Tribunal be set aside.

( 3 ) THE facts giving rise to this appeal are that the deceased Sitaram was 25 years of age and was carrying on his livelihood by beating of Dhapli, a musical instrument, and was also doing the job of a labourer. On 8-5-1987, a marriage party was travellin