IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 2ND DECEMBER 2008 / 11TH AGRAHAYANA 1930 MACA.No. 160 of 2007(D) ------------------------------- OPMV.1149/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... APPELLANT(S): /IST RESPONDENT -------------------------------------- GEORGE JOSEPH,S/O.JOSEPH,AGD 48 YEARS, VAYALIL HOUSE,CHELACHUVADU KARA,KANJIKUZHY VILLAGE BY ADV. SRI.GEORGE MATHEW SRI.A.V.TELLES RESPONDENT(S):/PETITIONER & RESPONDENTS 2,3 ------------------------------------------------------- 1. AMAL KUMAR,S/O.SATHEESAN (MINOR), REP.BY HIS FATHER SATHEESAN @ APPU,S/O.VELAYUDHAN, ARATUKUNNUMPURATH HOUSE,CHURALIKARA,KANJIKUZHY VILLAGE,IDUKKI DISTRICT. 2. SHIJU V.J,THURUTHIYIL HOUSE,CHURULY, CHELACHUVADU P.O,KANJIKUZHY VILLAGE,IDUKKI. 3. NATIONAL INSURACNE COMPANY LTD, REPRESENTED BY ITS MANAGER,THODUPUZHA. ADV. SRI.E.M.JOSEPH FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 02/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J ===================== MACA No.160 OF 2007 ===================== Dated this the 2nd day of December 2008 JUDGMENT This is an appeal preferred against the award of the Motor Accidents Claims Tribunal, Thodupuzha in O.P.(MV)No.1149 of 1999. The Tribunal has awarded a compensation of Rs.3,000/- with 9% interest. Under Section 173(2) of the Motor Vehicles Act, “no appeal shall lie against any award of a Claims Tribunal, if the amount in dispute in the appeal is less than ten thousand rupees”. Here, including the interest, cost and the award amount it will come about only Rs.6,000/-. Therefore there is a clear statutory bar under Section 173(2) of the Motor Vehicles Act to entertain an appeal. I make it clear that I am not expressing any view on the merits of the case and the contentions raised. Therefore the appeal is dismissed as not maintainable in the light of Section 173(2) of the M.V.Act. M.N.KRISHNAN, JUDGE Cdp/-