Summary
The Court restored the Tribunal’s Rs.5,42,633 accident-compensation award after the High Court reduced it in the injured claimant’s enhancement appeal. Order XLI Rule 33 conferred a broad but circumscribed power, to be used cautiously and exceptionally where necessary to adjust parties’ rights. With no insurer appeal or cross-objection and no justifiable reasons, it did not support reducing the unchallenged disability assessment here. The insurer was directed to pay the restored sum with seven per cent annual interest from the claim petition to payment within three months.
Issues
- Whether Order XLI Rule 33 justified reducing compensation in the claimant’s enhancement appeal without an insurer appeal or cross-objection.
Provisions considered
- Order XLI Rule 33, Code of Civil Procedure, 1908The appellate power was not unrestricted; exceptional need and circumspection were required, especially absent a respondent’s appeal or cross-objection. Its use to reduce compensation was unjustified here. (¶¶ 12, 13, 14, 15, 16, 17, 18)
Held
- Order XLI Rule 33 permits appropriate relief even for non-appealing parties but must be exercised with caution, especially without a cross-objection. It addresses exceptional situations where non-exercise would impede adjustment of rights; mere disagreement with an unchallenged decree does not suffice. (¶¶ 12, 13, 14)
- The insurer had not appealed or cross-objected to the Tribunal’s assessment. Instead of considering the claimant’s enhancement plea, the High Court reduced functional disability from 50 to 20 per cent without justifiable reasons, leaving him worse off in his own appeal. That was not a proper exercise of Rule 33 on these facts. (¶¶ 15, 16, 17)
- The High Court judgment was set aside and the Tribunal’s Rs.5,42,633 award restored. The insurer was directed to pay that amount with seven per cent annual interest from filing the claim petition until actual payment, within three months. The appeal was allowed without costs. (¶¶ 18, 19, 20, 21)
Result
Appeal allowed without costs; Rs.5,42,633 restored with seven per cent annual interest from the claim petition to payment, payable by the insurer within three months.