SATYA PRAKASH DWIVEDI versus MUNNA ALIAS CHANDRABHAN YADAV AND OTHERS

SATYA PRAKASH DWIVEDI versus MUNNA ALIAS CHANDRABHAN YADAV AND OTHERS

The High Court was not justified in exercising its power under Order XLI Rule 33 CPC to reduce the Tribunal's award from Rs.5,42,633 to Rs.3,26,833 in an appeal filed by the claimant seeking enhancement when the Insurance Company had not challenged the Tribunal's finding on disability; accordingly the Tribunal award of Rs.5,42,633 dated 01.07.2017 is restored and the Insurance Company directed to pay that amount with 7% interest per annum from the date of filing the claim petition until actual payment within three months.

Parties
Appellant: Satya Prakash Dwivedi; Respondent: Munna alias Chandrabhan Yadav and Others
Jurisdiction
India
Judgment Date
17 September 2021
Procedural Posture
Civil Appeal / Appeal to the Supreme Court From the Judgment and Order Dated 28.01.2021 of the Allahabad High Court in First Appeal From Order No.3182 of 2017
Outcome
Appeal allowed
Legal Topics
Order XLI Rule 33 CPC, Appellate Interference With Unassailed Decrees, Compensation Computation, Functional Disability Assessment
Civil Procedure Motor Accident Claims Appellate Jurisdiction Order XLI Rule 33 CPC Appellate Interference With Unassailed Decrees Compensation Computation Functional Disability Assessment

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Parties

Satya Prakash Dwivedi

Appellant

Munna alias Chandrabhan Yadav and Others

Respondent

Procedural Posture

Civil Appeal / Appeal to the Supreme Court From the Judgment and Order Dated 28.01.2021 of the Allahabad High Court in First Appeal From Order No.3182 of 2017

Legal Issues

  1. 1 Whether the High Court could reduce the compensation awarded by the Tribunal in an appeal filed by the claimant seeking enhancement
  2. 2 Whether Order XLI Rule 33 CPC may be exercised in favour of a respondent who has not filed an appeal or cross-objection
  3. 3 Whether an appellate court may interfere with findings of functional disability recorded by the Tribunal in the absence of challenge and justifiable reasons

Ratio Decidendi

The High Court was not justified in exercising its power under Order XLI Rule 33 CPC to reduce the Tribunal's award from Rs.5,42,633 to Rs.3,26,833 in an appeal filed by the claimant seeking enhancement when the Insurance Company had not challenged the Tribunal's finding on disability; accordingly the Tribunal award of Rs.5,42,633 dated 01.07.2017 is restored and the Insurance Company directed to pay that amount with 7% interest per annum from the date of filing the claim petition until actual payment within three months.

Court Disposition

Appeal allowed

Orders

  • Impugned judgment and award of the High Court dated 28.01.2021 set aside
  • Tribunal judgment and award dated 01.07.2017 restored awarding compensation of Rs.5,42,633