NDLI: Satya Prakash Dwivedi Vs. Munna Alias Chandrabhan Yadav and Others

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Code of Civil Procedure Power of Court of Appeal
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Code of Civil Procedure, 1908 (5 of 1908)
Case(s) Referred	Referred Case 0
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Code of Civil Procedure, 1908 – Or.XLI r.33 – Power of Court of Appeal – Appellant-claimant met with an accident and sustained grievous injuries – Appellant filed claim petition – Tribunal passed the judgment and order awarding compensation of Rs.5,42,633/- along with interest by accepting the permanent disability to the extent of 50% to that particular part of the body – However, the High Court construed functional disability at the rate of 20% rather than 50% as assessed by the Tribunal and reduced the overall compensation from Rs.5,42,633/- to Rs.3,26,833/- – On appeal, held: Or.XLI r.33 does not confer unrestricted rights to interfere with decrees which are not assailed merely because the appellate court does not agree with the opinion of the court appealed from – The Appellate Court must apply its judicial mind – A judgment on merits should not be lightly interfered with or reversed purely on technical grounds unless it has resulted in failure of justice – The High Court could not have reduced the percentage of functional disability from 50% to 20% when there was no challenge to the said finding arrived at by the Tribunal by an appeal or cross objection filed by the Insurance company and in the absence of recording justifiable reasons for doing so – The High Court was not right in its approach in the matter for another reason that the Insurance company had not filed any appeal seeking a reduction in the compensation amount awarded by the Tribunal – Thus, the High Court was not justified in exercising its power u/Or. XLI r.33 of the CPC in the instant case and reducing the compensation from Rs.5,42,633/- as awarded by the Tribunal to Rs.3,26,833/- i.e. a total reduction of Rs.2,15,800/- in the compensation amount – Thus, the impugned judgment of the High Court is set aside and the compensation amount of Rs.5,42,633/ - awarded by the Tribunal is restored.
Judge	Hon'ble Ms. Justice B.V. Nagarathna
Neutral Citation	2021 INSC 491
Petitioner	Satya Prakash Dwivedi
Respondent	Munna Alias Chandrabhan Yadav And Others
SCR	[2021] 9 S.C.R. 259
Judgement Date	2021-09-17
Case Number	5926

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Satya Prakash Dwivedi Vs. Munna Alias Chandrabhan Yadav and Others

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