LAWS(DLH)-2012-10-265

NEW INDIA ASSURANCE COMPANY LTD Vs. BEENA DEVI

Decided On October 08, 2012
NEW INDIA ASSURANCE COMPANY LTD Appellant
V/S
BEENA DEVI Respondents

JUDGEMENT

(1.) THE Appellant New India Assurance Company Limited takes exception to the judgment dated 18.05.2012 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) in MACT Case No.48/2010 whereby while awarding a compensation of Rs.1,94,500.00, the Claims Tribunal awarded interest @ 9% per annum from the date of filing of the Petition and Counsel's fee of Rs.10,000.00 and a sum of Rs.5,000.00 towards out of pocket expenses.

(2.) THE only ground of challenge is that the award of interest @ 9% per annum was exorbitant and excessive and award of Counsel's fee and out of pocket expenses was against the provisions of High Court Rules and Orders.

(3.) COMING to the award of Counsel's fee, this Court while deciding bunch matters titled ICICI Lombard General Insurance Co. Ltd. v. Kanti Devi & Ors., MAC APP.645/2012, decided on 30.07.2012 dealt with the question of award of Counsel's fee in great detail. Paras 17 to 22 of the report are extracted hereunder:-