IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 31ST OCTOBER 2008 / 9TH KARTHIKA 1930 MACA.No. 578 of 2008() ------------------------------ OPMV.613/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUR .................... APPELLANT/3RD RESPONDENT : --------------------------------------- UNITED INDIA INSURANCE COMPANY LTD., REPRESENTED BY ITS ASSISTANT MANAGER, REGIONAL OFFICE, SHARANYA, HOSPITAL ROAD, KOCHI-11 BY ADV. SRI.P.R.RAMACHANDRA MENON RESPONDENTS/PETITIONER & RESPONDENTS 1 & 2 RESPECTIVELY : -------------------------------------------------------------------------------------- 1. NARAYANAN NAIR, AGED ABOUT 72 YEARS, `KARTHIKA HOUSE, P.O. KUTTIPPURAM, TIRUR TALUK, MALAPPURAM DISTRICT. 2. PRAKASAN P., S/O. KORAN, POTTAMMAL HOUSE P.O.ANAKKARA, OTTAPPALAM TALUK, PALAKKAD DISTRICT. 3. DILEEP NARAYANAN, PROPRIETOR, ORGANIC BUSINESS PROMOTION SERVICE, D-2, NORTH AVENUE APARTMENT, LISIE JUNCTION, KOCHI - 18 ERNAKULAM DISTRICT. ADV. SRI.N.RAGHURAJ - R1 SMT.K.AMMINIKUTTY - R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 31/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MACA.No. 578 of 2008() ORDER ON I.A.702 OF 2008 IN M.A.C.A. NO.578 OF 2008 DISMISSED 31.10.2008 SD/- M.N.KRISHNAN, JUDGE -TRUE COPY- P.A. TO JUDGE pac 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