SIDHIQUE Vs. NATIONAL INSURANCE CO.LTD.

JUDGEMENT

(1.) The petitioner herein is the petitioner in an application for compensation before the Motor Accidents Claims Tribunal, Tirur. A sum of Rs.1,00,000.00 was claimed by the petitioner by way of compensation in the said application. In the course of the proceedings, the petitioner preferred an application for amendment of the application so as to raise the claim of compensation to Rs.9,00,000.00. The said application was allowed by the Tribunal as per Ext.P2 order on condition that the petitioner shall pay to the third respondent in the said application, a sum of Rs.5,000.00 by way of costs. Ext.P2 order, in so far as it directs the petitioner to pay a sum of Rs.5,000.00 to the third respondent by way of costs, is under challenge in this writ petition.

(2.) Heard the learned counsel for the petitioner as also the learned Standing Counsel for the respondent.

(3.) The costs directed to be paid as per the order impugned, no doubt, is compensatory in nature. Sec. 172 of the Motor Vehicles Act ('the Act') deals with the award of compensatory costs. Sub sections (1) and (2) of Sec. 172, which are relevant in the context, read thus: