SATYA PRAKASH DWIVEDI Vs. MUNNA ALIAS CHANDRABHAN YADAV

JUDGEMENT

(1.) Leave granted.

(2.) The appellant was injured in a road traffic accident. He has filed this appeal, being aggrieved by the impugned judgment and award dtd. 28/1/2021 passed by the Allahabad High Court in First Appeal from Order No.3182 of 2017 by which the High Court dismissed the said appeal filed by the him and reduced the compensation amount from Rs.5,42,633.00 to Rs.3,26,833.00 on the premise that the Motor Accident Claims Tribunal (for the sake of convenience, the Tribunal') had arbitrarily construed functional disability at the rate of 50% without any evidence to that effect. The High Court deemed it appropriate to assess20% functional disability inasmuch as it was nowhere mentioned that the disability was permanent in nature and was irreversible.

(3.) The short question that arises in this appeal is, whether, the High Court, in exercise of its appellate jurisdiction could have reduced the compensation awarded by the Tribunal in the first appeal filed by the injured claimant seeking enhancement of compensation. In other words, whether the High Court was justified in exercising its power under Order XLI Rule 33 of the Code of Civil Procedure 1908 (for short, the 'CPC').