The second respondent insurer in O.P. (MV) No.1123/1995 on the Motor Accidents Claims Tribunal, Pala is the appellant. Insurer has file this appeal challenging an award passed by the Tribunal by which it had awarded an amount of Rs.33,718/-as compensation to the first respondent/claimant for the damages sustained to his motor car bearing registration No.K.L-5/A 3183. A collision took place between the car owned by the first respondent and a jeep bearing registration No.KEK 1933. On 16.2.1993 the car was proceeding towards south through Pala-Ponkunnam road. According to the first respondent the jeep bearing registration No.KEK 1933 was parked on the eastern side of the road. The driver of the jeep abruptly started it and turned to the west in a rash or negligent manner, which abused collision of car with the jeep. The first respondent filed the Original Petition initially claiming an amount of Rs.8,545/- as compensation alleging that car sustained substantial damages due to the negligence of the driver of the jeep.

2. The second respondent/owner of the jeep filed a written statement contending that the petition was not maintainable. It was contended that the first responde