( 1 ) THE appellant/insurance company has preferred this appeal under section 173 of the Motor Vehicles Act, 1988 (for brevity 'the Act of 1988') as he is aggrieved by the award dated 5-11-1999 passed by the IIIrd Additional Motor Accidents Claims Tribunal, Durg in Claim Case no. 16/95 whereby compensation of Rs. 20,000/- in favour of the claimant/respondent No. 1 towards damages caused to his vehicle in the motor vehicle accident was awarded.

( 2 ) BRIEF facts necessary for adjudication of this appeal are that respondent No. 1 is the owner of matador 407 bearing registration No. M. P. 24-C/1592 which was insured with the appellant. On 18-11-1994 when the insurance policy of the said vehicle was in force, the vehicle was involved in an accident and was severely damaged. An offence under Section 304-A of the Indian Penal code was registered against respondent No. 2. The claimant/respondent No. 1 preferred an application under Section 166 of the Act of 1988 claiming compensation for a sum of rs. 61,428/- for damages caused to his vehicle. The appellant denied the claim of the claimant and raised preliminary objection in his reply, that the application was not maintainable at the inst

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