Kerala High Court
National Insurance Co.Ltd vs The Hon'Ble M.A.C.T on 29 November, 2007
Author: Koshy
Bench: J.B.Koshy, K.Hema
IN THE HIGH COURT OF KERALA AT ERNAKULAM
OP No. 26837 of 2001(T)
1. NATIONAL INSURANCE CO.LTD
... Petitioner
Vs
1. THE HON'BLE M.A.C.T., PALA
... Respondent
For Petitioner :SRI.GEORGE CHERIAN (THIRUVALLA)
For Respondent :SRI.MATHEWS JACOB
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MRS. Justice K.HEMA
Dated :29/11/2007
O R D E R
J.B. KOSHY & K.HEMA, JJ.
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O.P.No. 26837 of 2001 - T
--------------------------------------- Dated this the 29th day of November, 2007 Judgment Koshy,J.
In this case, the insurance company is questioning the award of the Motor Accidents Claims Tribunal. Appeal cannot be filed in this case as total compensation awarded was below Rs.10,000/-. It is settled law that if appeal cannot be filed, it cannot be over-reached by filing a writ petition as it is the mandate of the Parliament that if the award is below Rs.10,000/-, it cannot be questioned. It is a common award passed in several cases. In other cases, appeals are filed. We make it clear that because of the dismissal of the appeal for non-maintainability, there will not be any res judicata as insurance company can contest in other cases where appeal can be filed on merit. This original petition is dismissed for non-maintainability.
J.B.KOSHY JUDGE K. HEMA JUDGE vaa M.F.A.No. 2 J.B. KOSHY AND K.HEMA,JJ.
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Judgment Dated:29th November, 2007