The instant civil misc. appeal has been preferred by the claimant/appellant for enhancement of compensation and liability to pay compensation to be imposed upon all the non- claimant/respondents jointly and severally, against the judgment dated 01/03/2011 passed by Presiding Officer, Special Court (Communal Riots)/Motor Accident Claims Tribunal, Jaipur (hereinafter referred as to “the Tribunal”) in MAC No. 579/2008 (448/1997), whereby the claim petition was partly accepted and award of Rs.14,89,060/- alongwith interest @ 6% per annum was passed instead of Rs.20,60,000/- as claimed in the claim petition.

After filing of the instant appeal, non-claimant/respondent No. 2 Narendra Kumar Bhansali submitted cross-objections under Order XLI Rule 22 of CPC against the impugned judgment and award dated 01/03/2011 with prayer to quash and set aside the finding of the impugned award passed against him. In alternative it is also prayed that he may be allowed to defend the case on merits which has been decided ex parte against him and for this purpose the matter may be remanded back to the learned Tribunal.

Material facts necessary for disposal of this appeal are that the claimant/appellant filed