1. The petitioner, Insurance Company, was the third respondent in MAC No. 43 of 1985 on the file of the fourth respondent-Tribunal. The claim was filed by respondents 1 to 3 herein, who are legal heirs of deceased, Bhaskaran Nair, who met with an accident on 11-10-1981. Respondents 1 to 3, wife and children of the deceased, claimed a compensation of Rs. 1,50,000/-. The 4th respondent by Ext. P1 judgment dated 13-12-1985, awarded the entire sum claimed with interest at the rate of 12 per cent per annum from 24-2-1982 till the date of payment and costs including advocate's fee as provided for suits. In this Original Petition, the attack is against Ext. P1 to the extent it awards advocate's fee as provided for suits. The petitioner states that this portion of the award cannot be challenged under S.110D read with S.96(2) of the Motor Vehicles Act and so this O. P. is filed challenging Ext. P1 to the extent it awards costs including advocate's fee as provided for suits. The petitioner contends that only R.16 of the Rules regarding fees payable to advocates will apply. R.16 governs all proceedings as not otherwise for.

2. I heard counsel for the petitioner, Mr. Siby Mathew. Th