( 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 value or the subject matter of the suit, which shall be the same as that prescribed by the Karnataka Court Fees and Suits Valuation Act, 1958, for determining the jurisdiction of the Court, according to the following scales provided that the fee allowed in any suit shall not be less than Rs. 2507- unless the Court orders otherwise. (b)ln a Regular Appeal, the fee shall be calculated according to the scale set out in clause (a) above on the value or the amount of the subject matter in dispute in Appeal. Provided that the fee allowed in any Regular Appeal shall not be less than Rs. 350 unless the Court orders otherwise. (c) In Small Cause Suit, the fee shall be 7 per cent of the value of the amount of the claim as set forth in the plaint, subject to a minimum of Rs. 100. (d) In the Execution case, the fee shall be calculated as follows: (i) On the first application at 50 per cent of the fee calculated at the rate specified in clause (a) above on the amount of money or value of the relief claimed in the application. Suit Claim on the first sum of Rs. 5,000/- 10 per cent of the suit claim on the sum exceeding 5000/- upto Rs. 10,000/- rs. 5007- + 7 1/2 per cent on Rs. the amount exceeding Rs. 5,000/- exceeding Rs. 10,000/-Upto Rs. 20,000/-Exceeding Rs. 20,000/-Upto Rs. 50,000/- rs. 875/- + 51/2 percent on the amount exceeding Rs. 10,000/-Rs. 1,425/- + 4 per cent on the amount exceeding Rs. 20,000/- exceeding Rs. 50,000/-Rs. 1,00,000 rs. 2,625/- + 3 per cent on Upto the amount exceeding Rs. 50,000 above Rs. 1,00,000/- rs. 4,125/- + 1/2 per cent on the Amount which exceeds rs. 1,00,000/- subject to a Maximum of Rs. 15,000/- (ii) No fee shall be payable on any subsequent application unless it is contested, in which case, the fee shall be calculated at 25 cent of the fee calculated at the rate specified in clause (a) above on the amount of money or value of the relief claimed in the application; - (e) In an Execution Appeal, the fee payable shall be one- fourth the fee, which would have been payable if the appeal were a regular Appeal. (f) In other proceedings, the fee shall be fixed by the Court regard being had to the time occupied in the hearing of the case and the nature of the questions raised, but subject to the minimum and maximum prescribed hereunder. If, in any case coming under this clause the court awards costs without fixing the Advocate's Fee, the Court shall be deemed to have awarded the minimum prescribed. "

( 3 ) THE Counsel for the respondent relied on a decision reported in the case of SHEKHAPPA vs ASST. COMMISSIONER AND L. A. O. , koppal to contend that under Clause (d) of Rule 100 the decree holder would be entitled to 50% if the fee payable in the original proceedings. 50% of the fee is calculated on the amount of money and on the value of th