UNITED INDIA INSURANCE CO LTD Vs. JAYALAKSHMI

JUDGEMENT

(1.) THE revision rises an intricate and interesting question of law relating to the entitlement of an Advocate fee in an Execution proceedings in respect of the award passed by the Motor Accident claims Tribunal. A compensation of Rs. 2,90,000/- was awarded with interest at 6% and the Advocate Fee was fixed at Rs. 500/ -. In the Execution proceedings, there was total claim for Rs 3,59,467/- including the Advocate's Fee of Rs. 5007- granted by the trial court and also includes the Advocate Fee claimed for Rs. 8,080/-payable towards the execution case. The Executing Court upheld the contention of the decree holder that the Advocate fee of Rs. 8,0807- claimed in Execution case is valid and proper and accordingly awarded the same. The Insurance Company, aggrieved by the order has preferred this petition.

(2.) THE relevant provisions of Rule 100 (a) to (f) of the Karnataka Rules of Practice are extracted hereunder for a convenient reference:-

(3.) THE Counsel for the respondent relied on a decision reported in the case of SHEKHAPPA vs ASST. COMMISSIONER AND L. A. O. , koppal to contend that under Clause (d) of Rule 100 the decree holder would be entitled to 50% if the fee payable in the original proceedings. 50% of the fee is calculated on the amount of money and on the value of the relief claimed in the application. On that basis, submits that the fee of Rs. 8,080/- claimed is in accordance with law.