SIRI NATH Vs. KARAM SINGH MEHAL SINGH

JUDGEMENT

(1.) On the death of Paras Nath, in an accident, on 24/04/1974, the father and mother of the deceased, and his widow, who are the appellants before us, filed a claim petition under the Motor Vehicles Act, which was disposed of on 8/12/1976, by awarding a sum of Rs. 20,000.00 as compensation with interest at the rate of 6% per annum from the date of filing the petition to the date of the award. Not satisfied, with the award, respondents Nos. 1 and 6 filed F.A.O. No. 121 of 1977, which was disposed of by the learned single Judge vide judgment, dated 24/08/1983, holding :

(2.) The appellants herein had neither filed appeal nor cross-objections against the award, but submitted before the learned single Judge that they be paid enhanced rate of interest on the amount awarded as compensation. The learned single Judge rejected their prayer on the ground that as the appellants had neither filed appeal nor cross objections, they were not entitled to the grant of relief orally prayed. It is submitted on behalf of the appellants now that the learned single Judge did not appreciate the relevant provisions of the law while passing the order in the appeal.

(3.) We have heard the learned counsel for the parties and perused the record. It is true that generally no relief can be granted to a party who has not raised any objection regarding the legality or correctness of the judgment decree or award passed in the proceedings to which he was a party but it is equally true that the Courts of law in specified cases can grant appropriate relief, to do justice between the parties under exceptional circumstances by varying the decree in favour of the respondents.