Motor Accidents Claims Tribunals -Especially with regard to the question of granting proportionate costs, including Advocates' fee

[2019] 0 Supreme(Ker) 471

Motor Vehicle Rules, 1989- Civil Rules of Practice and the Advocates' Fees Rules, 1969 -There are no specific rules in the Motor Vehicle Rules, 1989, analogous to the Rules for payment of costs prescribed under the CPC, Civil Rules of Practice and the Advocates' Fees Rules, 1969 and therefore, there is nothing wrong in drawing the analogy while following the mandates of Rules 195 and 196 of the Kerala Civil Rules of Practice, 1971 as well as Rules 6 and 16 of the Advocates' Fees Rules, 1969 in the light of Rule 381(2) of the Motor Vehicle Rules, 1989 to claim proportionate costs in proceedings before the Motor Accident Claims Tribunals.

       Statement of facts:

       Awarding costs by the Motor Accidents Claims Tribunals -Especially with regard to the question of granting proportionate costs, including Advocates' fee.

       The following are the four questions referred

       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

       Findings of the court:

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

       (2) The scales of fees prescribed under 'Rules Regarding Fees Payable to Advocates' apply to Advocates in Motor Accidents Claims Tribunals.

       (3) Rules 6 and 16 of the Advocates' Fee Rules, 1969 are applicable to claim petitions in the light of Rule 381(2) of Motor Vehicle Rules, 1989.

       (4) Motor Accidents Claims Tribunals are empowered to award proportionate costs.

       Result: The reference is answered. The Appeal is sent back to the Division Bench for further consideration.