Koshy, J.

The only question to be considered in this order is regarding maintainability of the cross objection filed by the claimant in an appeal filed by the insurer in a motor accident claim matter. The insurance company in this case contested the case after getting permission under Section 170. In the appeal the contention of the insurance company is that the quantum of compensation awarded is very excessive. In the cross objection the contention of the claimant is that the quantum awarded is not sufficient and he wants enhancement of compensation.

2. When the cross objection was filed an objection was raised by the Registry that cross objection will not be maintainable. The objection was raised mainly on the basis of the Division Bench decisions in Oriental Insurance Co. Ltd. v. Mary Pushpam (1996 (1) KLT 806) and in New India Assurance Co. Ltd. v. Kunhiraman Nambiar (1994 (1) KLT 956). In the decision reported in 1996 (1) KLT 806 it was held that in an appeal filed by the insurer under the Motor Vehicles Act no cross objection will lie. In that case the Court only followed the decision reported in 1994 (1) KLT 956. In the above case, reported in 1994 (1) KLT 956 the