JUDGMENT

[ OP (MAC)No.78/2017, OP (MAC)No.79/2017 ]

Dated this the 26th day of November 2019 The component of cost in an award in claim petition before a Motor Accidents Claims Tribunal is the issue to be considered in these original petitions.

2. The dispute arises in the context of a claim petition being allowed for a higher amount than that was claimed by the claimant. There may not be difficulty in awarding costs by calculating the amount of compensation for award, if such award is less than the amount claimed, as the law says a proportionate cost can be awarded. But in cases where the claim petition is allowed awarding a higher amount than what is sought for in the claim, the question relating to the quantum of cost arises for consideration.

This case in fact, projects such a vested question.

3. The Full Bench of this Court in [ 2019(3) KLT 652]

(F.B) ICICI Lombard General Insurance Company v. Devasia had taken a view that the cost can be awarded in proceedings in a claim petition before the Motor Accidents Tribunal. The Full Bench of this Court based upon the provisions of the Civil Rules of Practice and Advocates Fee Rules came to a conclusion that the Motor Accidents Claims Trib