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1984 Supreme(Ker) 66

BHASKARAN NAMBIAR, G.BALAGANGADHARAN NAIR
ORIENTAL FIRE & GENL. INSURANCE CO. LTD – Appellant
Versus
NARAYANI AMMA – Respondent


Judgment :-

1. Respondents 1 and 2 applied before the Motor Accidents Claims Tribunal, Ernakulam under S.110A, Motor Vehicles Act for compensation for damages caused to their building in an accident by a bus, KLR. 7785 driven by the 4th respondent. The Tribunal allowed their application and granted them compensation of Rs. 1546/-with interest from 21-12-1976 and costs from respondents 1 and 2 and the appellant, the Insurance Company which was the 3rd respondent. The Tribunal also directed that the Insurance Company would deposit the amount and that its liability would be limited to Rs. 2000/-if the amount exceeded it. The appellant has brought this appeal challenging its liability. Counsel for respondents 1 and 2 raised a preliminary objection that the appeal would not lie under S.110D(2) on the ground that the amount in dispute in the appeal is less than two thousand rupees. Counsel pointed out that the amount allowed by the Tribunal was only Rs.1546/-and even with the interest at 6 per cent from 21-12-1976, the amount would only be Rs. 1972/- at the date of the award. According to counsel, the amount in dispute in the appeal is Rs. 1546/-or at the best Rs. 1972/-and in either cas










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