High Court of Andhra Pradesh

1. Headnote

Application under Section 166 of the Motor Vehicles Act, 1988 filed by the claimants (respondents in present appeal) on account of death of deceased- Tribunal Awarded compensation in favour of claimants/respondents- Award passed by the Tribunal is challenged in the present appeal by the respondents/appellants- Held- Death occurred due to Rash and negligence of respondent- The Hon’ble Supreme Court  in Janabai WD/O of Dinkarrao Ghorpade and others Vs. ICICI Lambord Insurance Company Limited ((2022) 10 SCC 512) exercised powers conferred under Article 142 of the Constitution of India for recomputing amount of compensation in tune with the Pranay Sethi’s case- Powers under Article 142 of the Constitution of India cannot be exercised by the High Court for recomputing the compensation when an appeal is filed by Insurance Company/Owner (Para 27-29) - Powers under Order 41 Rule 33 of theCPC (The Civil Procedure Code, 1908) to be exercised by the Appellate Courts are wide enough so as to do justice to the parties, but such powers cannot be invoked to get a larger on higher reliefs-Order 41 Rule 22 CPC stipulates a time also for filing of cross objections- Claimants cannot seek enhancement of compensation without filing Cross Objection/Appeal- At best, the claimants can defend the quantum of compensation awarded by the Tribunal by pointing out other defects any in the award- If the appellate Court proposes to reduce the compensation on any other ground- High cannot enhance the compensation in an appeal filed by the Insurance Company/Owner without there being any Cross appeal/objection by the claimant-  The appellant is the master of his own appeal-The appellant has every power to withdraw the same even at the time of hearing in accordance with law- In all fairness, the respondents should have filed cross objections so as to enhance the compensation in accordance with law which they failed to do so -Their contention for enhancement cannot be countenanced- The compensation awarded by the Tribunal was on reasonable basis looking into several factors- Upon hearing the merits the appeal filed by the appellants is devoid of merits- Appeal Dismissed.   

2. Acts

The Motor Vehicles Act, 1988, The Constitution of India and The Code of Civil Procedure, 1908

3. Keywords

Rash and Negligence driving, Cross Objections/Appeal, Enhancement of Compensation in an appeal filed by Insurance Company or Owner of the vehicle, Just Compensation and Article 142 of Constitution of India. 

4. Case Law/Reference Cited