IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 14TH OCTOBER 2008 / 22ND ASWINA 1930 MACA.No. 1412 of 2008() ---------------------------------- OPMV.78/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, NORTH PARAVUR .................... APPELLANT: ADDL.3RD RESPONDENT ------------------------ NATIONAL INSURANCE COMPANY LTD., REP.BY ITS MANAGER, REGIONAL OFFICE, 3RD PARTY WING, OMANA BUILDING, PADMA JUNCTION, KOCHI-35. BY ADV. SRI.P.R.RAMACHANDRA MENON RESPONDENTS: PETITIONER & RESPONDENTS 1 & ADDL.2ND RESPONDENT --------------------------- 1. T.M.SHARFUDDIN, S/O.T.A.MAJEED, AGED 27, THAIPARAMBIL HOUSE, XII/246, CHURCH ROAD, NARAKKAL PO. 2. MANILAL, S/O.GOPALAN, VII/432, AROOR P.O.. 3. JOSEPH DESTIMEL, S/O.T.A.KARLOSE @ SEBASTIAN, THYKALAMUR, AROOR PO. ADV. SRI.MATHEWS K.PHILIP FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 14/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON IA. NO.1658/2008 IN MACA. NO.1412/2008 DISMISSED 14.10.2008 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ P.A. TO JUDGE tss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1412 OF 2008 = = = = = = = = = = = = = = = Dated this the 14th day of October, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, North Paravur in O.P.(MV)78/02. The insurance company has filed this appeal challenging its liability to pay the amount. The amount involved in the appeal is Rs.5.250/- with 7% interest. When the interest is calculated including the entire amount in 2007, the total amount would come only to Rs.7,455/-. Under Section 173 (2) of the M.V. 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. In the light of S.173(2) there is a bar to entertain the appeal. Therefore the appeal is dismissed as not maintainable leaving open the right if any to the insurance company to move in appropriate forum. M.N. KRISHNAN, JUDGE. ul/-