This appeal is focussed as against the Judgment and Decree dated 19.04.2005 passed in MCOP.No.886 of 2000 by the learned Motor Accidents Claims Tribunal cum the Additional District Judge, Fast Track Court No.I, Madurai.

2. Thenitty-gritty of the grounds of appeal as stood exposited from the records would run thus:

The damages awarded for the damage sustained in respect of the vehicle namely Ambassador car in a sum of Rs.43,723/-, is too low and not in commensurate with the actual damage suffered by the insured. Whereas the learned Counsel for the Insurance Company would contend that in view of Section 165 of the Motor Vehicles Act, the very M.C.O.P itself was not tenable as the insured cannot claim damages before the Motor Accidents Claims Tribunal.

3. The point for consideration is as to whether the M.C.O.P filed by the petitioner claiming compensation was tenable at all in view of Section 165 of the Motor Vehicles Act?

4. At the outset itself, I would like to refer to the decision of the Division Bench of this Court in Oriental Insurance Co. Ltd., v. Pandurangan reported in 1999 ACJ 327. An excerpt from it, would run thus:

"16. ... In support of his submission, he