- (1.) This Civil Cross Objection under Order 41 Rule 22 read with Section 173 of the Motor Vehicles Act, 1988 has been preferred by the claimants, claiming the following reliefs: "It is therefore, respectfully prayed that cross objection may kindly be allowed and award under appeal may kindly be enhanced to the extent amount claimed with interest at the rate of 18% per annum from the date of accident till realisation with costs through-out. Any other appropriate order which this Hon'ble Court deems fit and proper in the facts and circumstances of the case may kindly be passed."
(2.) The appeal in this case, preferred by the Insurance Company, has already been decided by this Hon'ble Court vide order dated 14.01.2004, which reads as under:- "Learned counsel for the appellant fairly submitted that the appellant challenged the impugned award on the ground that the driving license sought to be set up in this appeal was forged one, but in subsequent decision delivered by the learned District Judge, Sawaimadhopur in Civil Original Suit No.11/97 in which appellant was party, the learned District Judge in its judgment dated 18th March, 1999 held that the license in question was valid. The appellant did not challenge the decision of the learned District Judge, Sawaimadhopur delivered in Civil Original Suit No.11/97 dated 18th March, 1999. Therefore, that finding has attained the finality against the appellant so far as the license in question is concerned and nothing survive after the final decision about the validity of the license in question. The respondent No.1 also submitted an application under Order 41 Rule 27 CPC and placed on record the certified copy of the judgment of the court of District Judge, Sawaimadhopur dated 18th March, 1999 delivered in Civil Original Suit No.11/97. In view of the above fact that the issue of license has already been decided against the appellant itself though in an another case and that decision has attained the finality, therefore, in view of the learned counsel for the appellant, the appeals of the appellant are dismissed as withdrawn. The cross-objections filed by the claimants are required to be considered separately. Therefore, the appeals are dismissed and list these matters for deciding the cross- objection."
(3.) An unfortunate accident had happened on 09.12.1993, when deceased Mukesh was driving Jeep bearing registration No.RJ06 C 569 and was going from Banera to Bhilwara, and at that time, the same met with an accident with Tanker bearing registration No. RNG 3000, which was being driven rashly and negligently, causing death of Mukesh. Deceased Mukesh was of the age of 20 years.;