KESAVA PILLAI SREEDHARAN PILLAI Vs. STATE OF KERALA

JUDGEMENT

(1.) Is an appeal from a judgment, decree or order passed by a Judge of this Court on an appeal against the Order or Decree of a Court or Tribunal maintainable despite S.100A of the Code of Civil Procedure as amended by Act 22 of 2002 This is the core of the controversy before this Bench in these two appeals from first Appeals filed under S.5(ii) of the Kerala High Court Act read with O.XLII-A of the Code of Civil Procedure.

(2.) A.F.A. 83 of 2002 arises from the judgment of a learned Single Judge in Land Acquisition Appeal No. 467 of 1999 of this Court. This appeal was filed against the judgment of the Subordinate Judge, Kottarakkara in L.A.R. 24 of 1989 under S.54 of the Land Acquisition Act. The Trial Court found that all claimants are entitled to a share in the amount of compensation. One of the claimants, who claimed exclusive right over the entire compensation, filed the Land Acquisition Appeal. Since the value of the subject matter of the appeal was below Rupees One Lakh, the appeal was heard and disposed of by a learned Single Judge of this Court as provided under S.3(13)(b) of the Kerala High Court Act. The learned Single Judge did not accept the appellants case as such but modified the decree and judgment passed by the Trial Court. Dissatisfied with the judgment rendered by the learned Single Judge, the appellant before the learned Single Judge has filed A.F.A. 83 of 2002.

(3.) A.F.A. 87 of 2002 is filed against the judgment of the learned Single Judge dated 13.6.2002 in M.F.A. 1345 of 1996. Late Velayudhan filed O.P. (MV) 2134 of 1993 claiming compensation on account of the injuries sustained by him in a road accident involving a motor vehicle. During the pendency of the O.P. (M.V.) Velayudhan died and his legal representatives were impleaded. The Motor Accidents Claims Tribunal awarded Rs. 11,306/- as compensation as against the claim of Rs. 60,000/-. Dissatisfied with the compensation awarded by the Tribunal, the legal representatives of the deceased claimant filed an appeal before this Court as provided under S.173(1) of the Motor Vehicles Act. Since the value of the subject matter of that appeal was below Rs.1,00,000/- the same was also heard and disposed of by a learned Single Judge. The compensation awarded was enhanced to Rs. 35,000/- with interest at the rate of 9%. The insurer has filed A.F.A. 87 of 2002 challenging the judgment of the learned Single Judge.