LAWS(KER)-2019-7-210

ICICI LOMBARD GENERAL INSURANCE COMPANY Vs. DAVASIA

Decided On July 24, 2019
ICICI LOMBARD GENERAL INSURANCE COMPANY Appellant
V/S
Davasia Respondents

JUDGEMENT

(1.) A Division Bench of this Court vide the order of reference dated 27.6.2016 raised the following questions in order to remove the vagueness in the matter of awarding costs by the Motor Accidents Claims Tribunals (M.A.C.T.), especially with regard to the question of granting proportionate costs, including Advocates fee. The following are the four questions referred to us:

(2.) Motor Accidents Claims Tribunals (M.A.C.T.) generally deal in matters arising from law of torts and also the provisions of Fatal Accidents Act. In the absence of constitution of Claims Tribunal, compensation has to be sought from the appropriate Civil Court and the procedure to be followed by such Courts and appellate Courts shall be regulated by the Code of Civil Procedure (C.P.C.) and many Rules applicable to such Courts.

(3.) Considering the powers of an Industrial Tribunal, the Honourable Supreme Court in Bharat Bank Ltd. v. Employees of Bharat Bank Ltd. (1950 KLT OnLine 802 (SC) : AIR 1950 SC 188) held as thus: