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2011 Supreme(Ker) 765

R.BASANT, M.C.HARI RANI
Jeena – Appellant
Versus
Satheesh Babu. K. – Respondent


Advocates Appeared:
For the Petitioner:Jacob Abraham, Advocate.
For the Respondents:Smt. T. Resmi Damodaran, A.R. George, Jacob Murickan, Mathews Jacob(SR), Advocates.

JUDGMENT :-

R. BASANT. J:

1. Can the Motor Accident Claims Tribunals award costs? What principles should apply in the matter of awarding costs? What procedure is to be followed by the tribunals in the matter of awarding costs? There is no general and accepted procedures followed by the tribunals in the State. Some direct payment of costs. Some direct payment of proportionate costs. Some direct payment of specified amount of costs. We perceive urgent necessity for issue of judicial guidelines in the matter in the absence of specific stipulations in the Statute or the Rules.

2. This appeal is preferred by the claimant who staked claim for compensation for the loss suffered by her as a result of the death of her husband who succumbed to injuries suffered by him in a motor accident that occurred on 10/08/2008. Respondents 1 to 3 are the owner, driver and insurer of the vehicle. Respondents 4 and 5 are the father and mother of her deceased husband. They were arrayed as respondents obviously as the appellant and her parents-in-law could not agree to file a joint application for compensation.

3. By the impugned award, the tribunal came to the conclusion that the appellant along with resp











































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