ASHOK MENON, J.

1. A Division Bench of this Court vide the order of reference dated 27.6.2016 raised the following questions in order to remove the vagueness in the matter of awarding costs by the Motor Accidents Claims Tribunals (MACT), especially with regard to the question of granting proportionate costs, including Advocates' fee. The following are the four questions referred to us:

“1. Whether the Motor Accidents Claims Tribunals must follow the mandate of Rules 195 and 196 of the Kerala Civil Rules of Practice, 1971?

2. Whether the scales of fees prescribed under 'Rules Regarding Fees Payable to Advocates' apply to Advocates in Motor Accidents Claims Tribunals?

3. Whether Rules 6 and 16 of the Advocates' Fee Rules, 1969 are applicable to claim petitions in the light of Rule 381(2) of the Motor Vehicles Rules?

4. Whether the Motor Accidents Claims Tribunals are empowered to award proportionate costs?”

2. Motor Accidents Claims Tribunals (MACT) generally deal in matters arising from law of torts and also the provisions of Fatal Accidents Act. In the absence of constitution of Claims Tribunal, compensation has to be sought from the appropriate Civil Court and the procedure to be