Code of Civil Procedure, 1908–Order 41, Rule 33–Motor Vehicles Act, 1988–Sec. 173–Whether the respondent-Manufacturer even without preferring an appeal against the award of the Tribunal, could question its liability under the award by relying on the provisions of Order 41, Rule 33 ?–Tribunal has returned the findings that there is no evidence to show that the manufacturer had sold the vehicle to appellant-Dealer, Its own employees were in control of the vehicle at the time of accident, therefore, it and the dealer are jointly and severally liable for paying the compenstion–These findings were not challenged by the manufacturer by filing the appeal or cross-objection–Held, the manufacturer cannot be allowed to question the same now.
