IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR FRIDAY, THE 17TH OCTOBER 2008 / 25TH ASWINA 1930 WP(C).No. 31561 of 2006(G) -------------------------- OPMV.2368/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOLLAM .................... PETITIONER: --------------- THE ORIENTAL INSURANCE COMPANY LTD., KOLLAM NOW REPRESENTED BY ITS ASSISTANT MANAGER, REGIONAL OFFICE, METRO PALACE, KOCHI-18. BY ADV. SRI.MATHEWS JACOB (SR.) SRI.P.JACOB MATHEW RESPONDENTS: --------------- 1. THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, KOLLAM. 2. BEENA. A., SHIRDI, MANAYIL KULANGARA, THIRUMULLAVARAM, KOLLAM. 3. D. PARVATHY, 1130, NILAMPATHY, NENMARA, PALGHAT. 4. R. CHANDRAN, PANAMKAVU VEEDU, KOLLAMKODU, CHITTOOR. ADV. SRI.M.SHAJU PURUSHOTHAMAN FOR R3 SRI.K.S.RAJESH FOR R3 SRI.P.B.SURESH KUMAR FOR R2 SRI.B.RENJITHKUMAR FOR R4 GOVERNMENT PLEADER, SRI.P.K.RAVI KRISHNAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No.31561/2006 APPENDIX PETITIONER'S EXTS: EXT.P1: COPY OF THE AWARD DT.28.10.2003 IN O.P.(MV) NO.2368/1996 BEFORE THE 1ST RESPONDENT. RESPONDENT'S EXTS: EXT.R4(a): COPY OF DRIVING LICENCE DT.13.6.2005. //TRUE COPY// PA TO JUDGE. K. BALAKRISHNAN NAIR, J. ---------------------------------------- W.P.(C) No.31561 OF 2006 ---------------------------------------- Dated this the 17th day of October, 2008 J U D G M E N T ~~~~~~~~~~~ The petitioner is an Insurance Company. It is challenging the award of the Motor Accidents Claims Tribunal, Kollam in O.P.(MV)No.2368/1996. Since the award amount is less than Rs.10,000/-, the right of appeal is barred under Section 173(2) of the Motor Vehicles Act, 1988. Hence this writ petition. 2. Since the amount awarded is only a small amount and in view of the statutory bar which the Parliament imposed in its wisdom, I think, it is not necessary to consider the writ petition on merits. But, the learned counsel for the petitioner points out that the above O.P.(MV) has been disposed of along with three other cases by a common award. So, the award in the above O.P.(MV) may operate as res judicata. It is also submitted that appeals filed against other awards are pending before this Court. W.P.(C) No.31561/2006 2 In view of the above position, it is ordered that the award in O.P.(MV)No.2368/1996 will not operate as res judicata as against the parties thereto. Subject to that direction, this writ petition is dismissed. (K.BALAKRISHNAN NAIR, JUDGE) ps