JEENA Vs. SATHEESH BABU K

JUDGEMENT

(1.) Can the Motor Accident Claims Tribunals award costs What principles should apply in the matter of awarding costs What procedure is to be followed by the tribunals in the matter of awarding costs There is no general and accepted procedures followed by the tribunals in the State. Some direct payment of costs. Some direct payment of proportionate costs. Some direct payment of specified amount of costs. We perceive urgent necessity for issue of judicial guidelines in the matter in the absence of specific, stipulations in the Statute or the Rules.

(2.) This appeal is preferred by the claimant who staked claim for compensation for the loss suffered by her as a result of the death of her husband who succumbed to injuries suffered by him in a motor accident that occurred on 10.8.2008. Respondents 1 to 3 are the owner, driver and insurer of the vehicle. Respondents 4 and 5 are the father and mother of her deceased husband. They were arrayed as respondents obviously as the appellant and her parents-in-law could not agree to file a joint application for compensation.

(3.) By the impugned award, the tribunal came to the conclusion that the appellant along with respondents 4 and 5 are entitled to a total amount of Rs. 4,37,000/- as compensation along with interest at the rate of 7% per annum. Rs. 2,500/- has been directed to be paid as costs. The direction for payment of compensation is not challenged either by the appellant or by respondents 4 and 5 or by the Insurance Company.