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2022 Supreme(Ker) 256

ANIL K. NARENDRAN, P. G. AJITHKUMAR
Sreekumar, S/o. Gopalakrishna Pillai – Appellant
Versus
Divisional Manager, The National Insurance Co. Ltd. , Kollam – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri.Pratheesh.P.
For the Respondent: M/s. Deepa George & P.K.Santhamma.

ORDER :

Anil K. Narendran, J.

These appeals are preferred under Section 173 of the Motor Vehicles Act, 1988 by the appellants-claimants in claim petitions filed under Section 166 of the Act before the Motor Accidents Claims Tribunals constituted under Section 165 of the Act, challenging the inadequacy of the compensation awarded by the Tribunal.

2. On 08.03.2019, when MACA No.480 of 2012 was taken up for consideration, the learned Standing Counsel for the insurer, namely, the National Insurance Company Ltd., raised a preliminary objection as to the maintainability of the appeal. It was submitted that the appellant-claimant was granted compensation more than what was claimed in the claim petition filed before the Tribunal under Section 166 of the Act. It was pointed out that only a sum of Rs.1,00,000/- was claimed in the claim petition and the Tribunal has granted to the claimant a sum of Rs.1,07,600/-. According to the learned Standing Counsel, the claimant in a case of this nature cannot be treated as a 'person aggrieved', within the meaning of subsection (1) of Section 173 of the Act, so as to enable him to prefer an appeal challenging the award passed by the Tribunal, invoking the

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