AJESH ALEX Vs. JOHN

JUDGEMENT

(1.) The short issue that arises for decision is as to what constitutes "the amount in dispute in the appeal", for the purpose of Sub Section 2 of Section 173 of the Motor Vehicles Act, 1988, hereinafter referred to as "the Act". This question falls for determination on an objection raised by the Registry regarding the numbering of this appeal, on the ground that the amount of compensation granted by the Tribunal as per the award under challenge is less than Rs. 10,000/.

(2.) By the impugned award, the claimant is allowed 'to realize compensation of Rs. 9050/- (Rs. Nine thousand and fifty only) with 9% interest from 17.11.03 till realization along with cost of Rs.225/- from the respondents'.

(3.) According to the learned counsel for the appellant, this appeal is against the while of the award and that, by adding on amounts that would accrue by way of interest from 17.11.03 till 3.1.05, the date of the impugned award, and the cost of Rs. 225/- awarded by the Tribunal, to the compensation of Rs. 9050/-, the amount in dispute in the appeal would be more than Rs.10,000/- and therefore, the appeal is not barred by Sub Section 2 of Section 173 of the Act.