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2003 DIGILAW 344 (RAJ)

New India Assurance Company Ltd. , Jodhpur v. Smt Mery Anthony Emnas Daulat Crist

2003-03-04

O.P.BISHNOI, RAJESH BALIA

body2003
JUDGMENT 1. - Heard learned counsel for the parties. 2. No challenge has ever been made about the rate of interest on compensation awarded by the Motor Accident Claims Tribunal. After the compensation sum is enhanced by the learned single Judge on appeal by the claimants without altering the rate of interest, now this appeal has been preferred to reduce the rate of interest awarded on compensation. The compensation to be paid to the claimants-victim of accident has not been contested by way of this appeal. 3. In these circumstances, we are of the opinion that when the rate of interest awarded by the Motor Accident Claims Tribunal has become final, no appeal or cross-objection having been preferred, no interference is required to be made in this appeal. 4. The learned counsel for the appellant urges that the learned single Judge ought to have reduced the rate of interest awarded by Motor Accident Claims Tribunal by resorting to the provisions of Order 41, Rule 33, C.P.C. 5. Order 41, Rule 33, C.P.C. does not give right to the respondent or the non-appellant to claim any relief. It is a matter of enabling power of the Court. The part of relief granted to the appellant by the Motor Accident Claims Tribunal Judge having not been challenged, the provisions of Order 41, Rule 33 C.P.C. cannot be invoked in favour of the non-applicant without there being any challenge to the rate of interest, that has become final. 6. Accordingly this appeal fails and the effect of the interim order is vacated. 7. The compensation amount deposited in this Court as per the direction of the Court may be remitted to the Motor Accident Claims Tribunal who has passed the award, which has been subject matter of these proceedings, for disbursement according to the terms of the award.Appeal dismissed. *******