IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 578 of 2008()
1. UNITED INDIA INSURANCE COMPANY LTD.,
... Petitioner
Vs
1. NARAYANAN NAIR, AGED ABOUT 72 YEARS,
... Respondent
2. PRAKASAN P., S/O. KORAN, POTTAMMAL HOUSE
3. DILEEP NARAYANAN, PROPRIETOR,
For Petitioner :SRI.P.R.RAMACHANDRA MENON
For Respondent :SRI.N.RAGHURAJ
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :31/10/2008
O R D E R
M.N. KRISHNAN, J
-----------------------
M.A.C.A.No. 578 OF 2008
---------------------------------
Dated this the 31st day of October, 2008
JUDGMENT
This appeal is preferred against the award of the Motor Accident
Claims Tribunal, Tirur in O.P.(MV) 613/2004. When the appeal came
up for consideration before me, I entertained a doubt regarding the
maintainability of the appeal and therefore heard the learned counsel
appearing for the appellant as well as the respondent. The claim
petition is filed in October 2004 and the appeal is preferred on
23.5.2007. The time till filing of the appeal is about 32 months. The
Tribunal has awarded a sum of Rs. 7,000/- with 9% interest and a cost
of Rs. 500/-. If the consolidated amount is calculated the amount of
interest plus cost will come to Rs. 2,184/- which when added with the
principal amount of Rs. 7,000/- would come to Rs. 9,184/-. Section
173(2) of the Motor Vehicles Act reads as “no appeal shall lie against
any award of a claims Tribunal if the amount disputed in the appeal is
less than Rs. 10,000/-“. Here the amount is only Rs. 9,184/- and
therefore there is a clear statutory bar to file an appeal under the
provisions of the Motor Vehicles Act. With liberty to the appellant
herein to approach appropriate forum if the law permits the appeal is
rejected.
M.N. KRISHNAN, JUDGE
vkm