( 1 ) THIS appeal under S. 110-D of the Motor Vehicles Act, 1939, for short, the Act; has been filed by the Oriental Fire and General Insurance Company, Ltd. against the award dated 21-2-1983, passed in claim case No. 1 of 1981, by the Motor Accident Claims Tribunal, Gwalior, for short, the 'tribunal', whereby compensation of Rs. 41,500/-with interest at the rate of 9% per annum plus costs of Rs. 700/- was awarded to the injured/claimant for the injuries/ fracture of rib Nos. 4, 5, 6 and clavical caused in an accident on 10-12-1979 at about 10. 30 a. m. by the use of motor vehicle, passenger bus No. MPH 448, driven by respondent No. 4 during the course of employment of respondent No. 3.

( 2 ) CLAIMANT / respondent No. 1, after notice of the appeal, filed cross-objections under Order XLI, R. 22, CPC, for enhancement of the compensation. During the pendency of the appeal, the injured claimant died hence, his name was deleted, as his legal representative, the respondent No. 2, the mother, was already on record.

( 3 ) THE facts are not in dispute which have been given in the order under appeal and hence, are not repeated here. However, for the present appeal, some facts