IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR FRIDAY, THE 21ST NOVEMBER 2008 / 30TH KARTHIKA 1930 WP(C).No. 33953 of 2003(P) -------------------------- PETITIONER(S): --------------- THE NEW INDIA ASSURANCE COMPANY LIMITED NOW REPRESENTED BY ITS ASSISTANT ADMINISTRATIVE OFFICER, REGIONAL OFFICE, M.G.ROAD, KOCHI-11. BY ADV. SRI.MATHEWS JACOB (SR.) RESPONDENT(S): --------------- 1. THE ADDITIONAL MOTOR ACCIDENTS CLAIMS TRIBUNAL, ERNAKULAM. 2. K.P.SEBASTIAN S/O. PETER, KOTTAPARAMBIL HOUSE, NEAR SREEKRISHNA TEMPLE, EDAYAKUNNAM, SOUTH CHITTOOR P.O., KOCHI-27. 3. T.F.GEORGE S/O. FRANCIS, THENAMPARAMBIL HOUSE, KARSHAKA ROAD, KOCHI-16. 4. K.P.FRANCIS S/O. PETER, KOTTAPARAMBIL HOUSE, NEAR SREEKRISHNA TEMPLE, EDAYAKUNNAM, SOUTH CHITTOOR P.O., KOCHI-27 ADV. SRI.R.SUDHISH FOR R2 SMT.MANJU SUDHISH FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 33953/2003 APPENDIX PETITIONER'S EXTS. EXT.P1 - TRUE COPY OF THE AWARD DATED 23.1.2003 IN OP (MV) NO.120/1995. /TRUE COPY/ K.BALAKRISHNAN NAIR, J. ----------------------------------------- W.P.(C) NO. 33953 OF 2003-P ----------------------------------------- JUDGMENT The petitioner is New India Assurance Company Limited. It has challenged Ext.P1 award, as per which an amount of Rs.5000/- was awarded as compensation to the claimant, the 2nd respondent herein. The petitioner attacks the said award on several grounds. Some of them are weighty also. But, the statutory scheme is that an award for an amount below Rs.10,000/- should not be challenged in appeal. To bypass the said statutory scheme, the provisions of Articles 226 and 227 of the Constitution of India are invoked. I feel that more amount than that is required to satisfy the claim has to be expended by the Insurance Company to get the award set aside. So, even if, as alleged by the petitioner, the award is suffering from some infirmity, I feel that in public interest, such challenges should not be entertained. WPC 33953/03 2 Accordingly, the Writ Petition is dismissed. 21st November, 2008. K.BALAKRISHNAN NAIR, JUDGE. Nm/