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2003 Supreme(Kar) 573

K.SREEDHAR RAO
UNITED INDIA INSURANCE CO. LTD. – Appellant
Versus
JAYALAKSHMI – Respondent


SREEDHAR RAO, J.

( 1 ) THE revision rises an intricate and interesting question of law relating to the entitlement of an Advocate fee in an Execution proceedings in respect of the award passed by the Motor Accident claims Tribunal. A compensation of Rs. 2,90,000/- was awarded with interest at 6% and the Advocate Fee was fixed at Rs. 500/ -. In the Execution proceedings, there was total claim for Rs 3,59,467/ - including the Advocate's Fee of Rs. 5007- granted by the trial court and also includes the Advocate Fee claimed for Rs. 8,080/- payable towards the execution case. The Executing Court upheld the contention of the decree holder that the Advocate fee of Rs. 8,0807- claimed in Execution case is valid and proper and accordingly awarded the same. The Insurance Company, aggrieved by the order has preferred this petition.

( 2 ) THE relevant provisions of Rule 100 (a) to (f) of the Karnataka Rules of Practice are extracted hereunder for a convenient reference:-"100 (Advocate's fee) to be included in the costs awarded by the Court to a party in any suit or other proceeding shall be computed in the manner prescribed hereunder (a)ln original suits, the fee shall be calculated on the val





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