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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JODHPUR

: J U D G M E N T :

S.B. CIVIL MISC. APPEAL NO.218/1997

(Bhagwan Ram & Ors. Vs. Deen Dayal & Ors.)

Date of Order

13^th February, 2013

PRESENT

HON'BLE MR. JUSTICE ARUN BHANSALI

Mr. Arpit Bhoot, for the appellants.

Mr. Manoj Bohara, for the respondents.

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BY THE COURT:

This appeal under Section 173 of the Motor Vehicles Act,

1988 ('the Act') has been filed by the owner and driver of the

vehicle challenging judgment and award dated 10.01.1997

passed by the Motor Accident Claims Tribunal, Nagaur - camp -

Deedwana ('the Tribunal').

On behalf of the claimants a cross objection under Order

XLI, Rule 22 CPC has been filed seeking enhancement of the

compensation.

Brief facts of the case are that the respondents, who are

father, mother and brother of Surendra filed a claim petition on

27.01.1994 before the Tribunal with the averments that on

20.09.1993 at about 10:00 AM on private road from Sikar to

Deedwana one Bus No.RJV 2674 reached village Lalasari when

Surendra, aged about five years, while going to school was hit by

the said offending bus, which crushed him. As a result of which,

Surendra died on the