Sasidharan, J.

A Suit filed by the Insurance Company for realization of the amount paid towards compensation to a person who suffered injuries in a road traffic accident in excess of the limit to which the Company is liable from the owner of the vehicle, was decreed by the trial court. In O.P.(M.V.) 329/1984 on the file of the Motor Accidents Claims Tribunal, Thiruvananthapuram an award was made directing that the Insurance Company had to pay the entire amount awarded as compensation even though the Company was liable as per the Policy for payment of only an amount up to Rs. 50,000/-. The appellant is the owner of the vehicle which was involved in the road traffic accident and the decree passed by the trial Court was for realization of the amount paid in excess of the liability of the Insurance Company from him. The appellant raised the contention before the trial court that the Insurance Company would have raised the contention that the liability of the Company was to pay the amount of compensation up to the limit of Rs. 50,000/- and in so far as no such contention was raised the claim now made by the respondent Company for realization of the amount from the appellant i